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03-242 Resolution No. 03-242 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BOLLINGER, LACH & ASSOCIATES, INC. FOR THE RECONSTRUCTION OF FRAZIER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Bollinger, Lach & Associates, Inc . for the reconstruction of Frazier Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 10, 2003 Adopted: September 10, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this this_&-day of •S PT , 2003, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY") and Bollinger Lach& Associates, Inc. (hereinafter referred to as 'ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Reconstruction of Frazier Avenue (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, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the ENGINEER agree that the City does hereby retain the ENGINEER to act for and represent the City in the engineering matters involved in the Project as set forth herein subject to the following terms conditions and stipulations, to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". B. This section should be an outline of the services to be provided by the Engineer. The Engineer Shall: B.1 Perform professional services in accordance with Attachment A"Scope of Engineering Services". - 2 - B.2 Service as the City's professional engineering representative in those phases of the project to which this agreement applies and provide consultation and advice to the City during the performance of its services. B.3 Endorse and seal all final engineering reports, contract plans, and special provisions for construction contract documents. Such endorsements must be made by a person duly registered in the appropriate category by the Department of Professional Regulations of the State of Illinois, being in full employ of the engineer and responsible for the portion of the professional services for which registration is required. BA Furnish the City a reasonable number of original prints of all necessary reports, documents, and plans including the following: a. Blueline copies of prefinal plans, specifications, and cost estimate: 8 copies b. Blueline copies of final plans, specifications, and cost estimate: 8 copies c. Original mylar plan: 1 copy C. A detailed Scope of Services is attached hereto as Attachment A. H. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under. Notice to proceed September 15, 2003 Kickoff meeting with City September 18, 2003 Prefinal plans to City October 20, 2003 Review comments from City to BLA November 2, 2003 Final plans to City November 17, 2003 - 3 - B. A detailed project schedule for the Project is included as Attachment B, attached hereto. 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 too,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(Not To Exceed Method) A. For services provided the ENGINEER shall be reimbursed at the rate of 2.85 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed 34,822.03 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 0 . Any such fees are included in the above referred amount of 34,822.03 (insert not to exceed figure of IV A). C. (list other components of the fee such as reimbursables.) SEE ATTACHMENT C D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments - 4 - 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. (payment schedule) V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC 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. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article V, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed. A determination of completion shall not -5- constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen(15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. - 6 - X6. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. 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 error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. - 7 - 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, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. 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 had been made. Any proposed subcontractor shall require the CITY's advanced written approval. - 8 - XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX.MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS 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. - 9 - XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; 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 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. - 10- 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: Craig Lukowicz, P.E. Senior Vice President Bollinger, Lach& Associates, Inc. 1010 Jorie Boulevard Suite 22 Oak Brook, Illinois 60523 - 11 - 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 BY By City Clerk City Manager (SEAL) For the ENGINEER: Dated this 8th day of A9Mt , A.D., 2003. ATTEST: BY-2 B Secr to President (SEAL) ATTACHMENT A PROJECT UNDERSTANDING The City of Elgin is requesting design engineering services and most likely construction observation services for the lowering of Frazier Avenue. The reconstruction of the roadway will be funded by the City of Elgin. Metra will be rebuilding the existing structure over Frazier Avenue. The scope of work includes design and construction coordination with Metra and its consultant. The new roadway will be at least 25 feet wide with curb and gutter, sidewalk, storm sewer and new street lighting. The existing sanitary sewer and new watermain will be designed by others and constructed prior to the Frazier Avenue roadway work. Adjustments to sanitary sewer manholes and to fire hydrants will be included in the design work. The length of the improvement is approximately 700 feet and is to accommodate semi truck traffic. The City desires to use a consultant for the roadway design and construction work who has experience working with Metra. Design services are to include plans, specifications, permits, cost estimates, bid documents and bid tabulations. Plans and specifications are to be prepared to IDOT standards as modified by the City of Elgin. Plans are to be in AutoCAD format. Work will include evaluation of improvements for roadway profile, alignment and geometry. These tasks will be initiated during the preliminary design phase. For the purpose of this proposal we are intending to shift the alignment of the western portion Frazier Avenue as far as possible to the south and therefore maximize the length of the driveways for the commercial property on the north side of the street. This shift will provide the best opportunity to minimize the grade for trucks on Frazier Avenue and at the same time minimize the driveway slopes. At this time we do not foresee the need for any retaining walls. The work may also include construction observation for the roadway reconstruction. Construction work may include: earthwork; utility adjustments; storm sewers; curb and gutter; pavement; lighting; and possibly sidewalk. Bollinger, Lach & Associates will be responsible directly to the City of Elgin's Department of Public Works. We will provide appropriate field and office staff necessary for supervision of the roadway contractor's construction operations and for coordination with Metra's contractor. We have spoken with Metra's consultant regarding the proposed replacement structure over Frazier Avenue. At this time they anticipate that the replacement structure will be similar b the existing. The bridge may be a single span structure, most likely with new abutments. They anticipate maintaining the existing low steel elevation for the replacement structure. Aside from coordinating storm water collection, their major concern is how to build the new structure and maintain rail traffic. Building a new bridge while maintaining train traffic may require temporary embankments and structures that are wider than the existing embankment and bridge. Also, the new bridge will most likely be built in two main stages. Consequently, no roadway construction work can be done at the bridge until the Stage II abutment construction is complete. Metra's contractor may require access via Frazier Avenue to both the north and south sides of the bridge during construction. 2-1 KEY ELEMENTS OF THE PROJECT The planning, design and construction of the Frazier Avenue lowering will have to be responsive to a broad range of issues. Bollinger, Lach & Associates' project team has the required experience through our extensive involvement in the planning and design of many major transportation improvements. The project team's past projects have been successful because of our ability to communicate with, and meet the needs of, our clients as well as others in the community who are affected by the project. Coordination with Metra and its consultant will take place during all phases of the project. Once an appropriate bridge opening for the roadway is established, we will need to coordinate the horizontal and vertical clearance between the bridge foundation elements and the new storm sewer and drainage structures. We anticipate that pipe underdrains installed behind the new abutments will to need be piped into the roadway drainage structures. Particular attention will be given to the treatment of drainage from Metra's embankment, especially for the northwest ditch that presently empties onto Frazier Avenue. Conversely, Metra will require the proposed profile grade for Frazier Avenue in order to obtain design parameters for their bridge wingwall foundations. Coordination for construction will include details and scheduling to be shown in the roadway plans and specifications, as well as the day-to-day coordination that will be required in the field during construction. For example, if the bridge is built using staged construction a portion of pipes for draining the bridge backfill may need to be laid by the bridge contractor and then picked up in the future by the roadway contractor, with an appropriate split in the quantities. It may be advisable to provide a significant estimated lead-time in the roadway construction schedule to allow the Metra bridge work to progress to a point where the roadway contractor can mobilize and complete his work without incurring down time due to the bridge contractor. Although construction site storm water drainage is a standard consideration for any project, this site will present additional challenges because of the steep grades and coordination required with a separate contractor working in middle on another contractor's construction site. Though it will be addressed in design, this is an area where the Resident Engineer will need to continually monitor construction progress and make adjustments in the field as necessary for proper treatment of stormwater drainage. Final plans and specifications will address all requirements for IEPA storm water discharge. A thorough analysis of temporary measures, permanent measures and required pay items will be needed for approval of the permit and plans. Implementation of the Stormwater Management Plan will prevent unnecessary delays during construction. As part of the improvement for lowering and reconstructing Frazier Avenue, the final configuration for vehicle movements in and out the commercial property to the north will be limited to a select number of curb cuts. The location of the cuts and traffic flow through the property will have to be evaluated. We anticipate that reconstruction on the commercial property will necessitate obtaining a temporary construction easement from 2-2 the owner. BLA understands the importance of limiting the_need for easements. The entire process for temporary easements takes time and adds cost to the project. Maintenance of traffic during roadway construction will also be a consideration. At the northwest portion of the project, access for the numerous commercial tenants, customers and delivery trucks will be coordinated and maintained as necessary to limit unnecessary criticism from the public. Construction at the intersection with Clifford Avenue must allow for continuous access to the FRWRD North Plant. BLA would assist in review of a maintenance agreement between the City of Elgin and Metra if it is required at the bridge site. If so, we would recommend that it be initiated as early as possible. The same can be said for intergovernmental agreements necessary for construction within each agencies right-of-ways. We understand that were it not for the involvement of Metra, lowering the roadway would.not by itself be a complex project. Not only should the alternatives for roadway improvements be cost-effective, but so should the engineering activities. Reducing unnecessary engineering activities will also contribute to an overall cost effective project. PROJECT SCOPE The following is an anticipated scope for work that may need to be performed: Soil Borings Obtain two roadway soil borings for use in pavement design. Drilling, sampling and laboratory testing, and preparation of a geotechnical design report with recommendations. Work will be performed in accordance with the applicable requirements of AASHTO and IDOT. Soil Boring Tasks: Determine location and type of sampling for boring Obtain utility clearances and permits Perform soil borings Locate borings by survey Prepare geotechnical report Field Survey Recover a benchmark from previous topographic survey and extend a level circuit to the site. Conduct field survey work to obtain relevant topographic and planimetric survey information of the subject property to verify the existing topographic survey. Appropriate spot elevations, rim and invert information will be obtained at the direction of the BLA Engineering staff. Two site benchmarks will be established if existing marks are not suitable. Field Survey Tasks: Establish site benchmarks Establish existing vertical and horizontal alignment Spot check roadway elements and establish elevations Topographic map verification 2-3 If ROW takes, permanent easements and/or temporary easements are required, we will perform a boundary line entrancement survey and prepare right-of-way acquisition plats and legal descriptions. Local Agency Coordination Local agency coordination will include: IDOT for work on Route 31 curb returns, FRWRD for manhole adjustments, Public Works for fire hydrant adjustments and ComEd for pole relocation. Pavement Analysis A pavement analysis will be performed based on the projected traffic and the geotechnical analysis supplied by the geotechnical consultant. Pavement Analysis Tasks: Geotechnical consultant to evaluate soils for pavement reconstruction Obtain traffic counts Provide analysis for flexible pavement design at a 20 year design period Prepare typical section Permitting Requirements NPDES Permit for erosion control during construction and for the permanent discharge point at Clifford Street. IDOT for work within their right-of-way at Route 31. Maintenance of Traffic Plan Frazier Avenue will be closed during construction except for local traffic at the west end. For the west end of Frazier Avenue and for the Clifford Street entrance to the FRWRD plant we would anticipate maintaining a single through lane during roadway construction. Preliminary Design Prior to initiating preliminary plans we will present a concept plan study to the City for review and concurrence. Preliminary design will encompass the entire project site and will consider alignment, geometrics, curb cut configuration for commercial property, coordination with Metra, traffic, pedestrian requirements, traffic on adjacent roadways and stormwater drainage design. Preliminary Design Tasks: Identify preliminary cross sections and alignments Collect data Utility Coordination: Nicor Electric Telephone Cable TV FRWRD Analyze existing conditions Determine reasonable alignments Identify recommended cross sections and alignment 2-4 Obtain detour approval (if required) Initiate local agency letters of intent/understanding Set pre-final geometry Select preferred cross sections and alignment Prepare preliminary plans and draft special provisions Submit for review and comment Final Engineering Plans Bollinger, Lach and Associates will prepare construction contract drawings and specifications in accordance with the preliminary plan review. The plans will reflect any necessary work to complete the roadway improvements along Frazier Avenue with respect to pavement structure and grades, earthwork, storm sewer improvements and any utility adjustments, including the intersection with IL 31 and Clifford Avenue. Special consideration and attention will be given to constructability as it relates to coordination with Metra and any applicable permits, including the Storm Water Pollution Prevention permit. Final Plans Tasks: Monitor status of permit applications Prepare final plans and specifications Submit final plans and specifications for City and State review Respond to comments and prepare construction documents Cost Estimates Detailed construction cost estimates will be prepared for the recommended alternative in preliminary design and for final engineering plans that will include quantities and unit pricing for all items of work. Construction Cost Estimate Tasks: Prepare list of pay items and quantities for roadway Obtain latest bid tab information Prepare estimate Post-Design Activities Post-design activities will include preparation of bid documents and bid tab analysis. Construction Observation Bollinger, Lach and Associates, Inc. will provide an office and field staff of a construction manager, resident engineers, assistant engineers and technicians, as required. The resident engineer and assistant engineers can be at the work site on a full time basis with the construction manager making periodic visits to site. Construction observation work will include administration, scheduling, quality assurance and inspection. All contractor work will be monitored and weekly job meetings will be held to review progress, update City staff on upcoming work, and resolve any issues that need to be addressed. BLA will make sure that all the work is coordinated and the final documentation is closed out upon completion of the project by the contractor. 2-5 Standard construction reviews and submittals will be accomplished as the contractor's work progresses for the duration of the project. BLA will establish certain review processes with the contractor and the Department of Public Works that can be summarized as follows: Project Diary Permit Submittal Assistance Access Assistance Submittal Log Shop Drawing Log Request For Information Log Project Schedule Pay Request Review Two-Week Look Ahead Schedule Material Testing and Fabrication Information Weekly Progress Meetings Coordination of Metra's contractor Punch List Items Change Orders Extra Work Orders As-Built Drawings 2-6 ATTACHMENT B SEPTEMBER OCTOBER NOVEMBER Kick Off Meeting X Prefinal Plans City Review Final Plans Sept. 18 Oct.20 Nov. 3 Nov. 17 ATTACHMENT C Bollinger, Lach &Associates, Inc. City of Elgin Frazier Avenue Direct Costs August 8,2003 PRELIMINARY SUBMITTAL 8 Quarter size prints x 21 sheets x$0.75/sheet =$126.00 8 Full size prints x 21 sheets x$1.00/sheet =$168.00 8 Special Provisions x 50 sheets x $0.10/sheet =$40.00 Total =$334.00 FINAL SUBMITTAL 1 Full size mylar x 21 sheets x $10.00/sheet =$210.00 8 Quarter size prints x 21 sheets x$0.75/sheet =$126.00 8 Full size prints x 21 sheets x $1.00/sheet =$168.00 Final Total =$3,193.75 SURVEY VEHICLE 1 Day x $36/day =$36.00 (t Illinois Department of Transportation Average Hourly Project Rates Route FRAZIER AVENUE County KANE Consultant Bollinger, Lach &Associates, Inc. Date 7/25/03 Sheet 1 of 1 Payroll Hourly Classification Rates SURVEY PREFINAL PLANS FINAL PLANS Principal 60.00 % WGTD % WGTD % WGTD % WGTD Hours Part. Rate Hours Part. Rate Hours Part. Rate Hours Part. Rate Project Manager 38.34 9 3 1.80 2 3 1.80 Senior Engineer 30.13 31 10 3.83 5 10 3.83 Design Engineer 23.69 78 25 7.53 14 25 7.53 CADD Technician 21.50 51 16 3.79 9 16 3.79 Project Surveyor 33.20 8 34 11.29 144 46 9.89 25 46 9.89 Party Chief 26.05 8 33 8.60 Instrument Man 19.40 8 33 6.40 Totals 24 100 26.29 313 100 26.84 55 100 26.84 BDE 2392(2/01) (t Illinois Department Cost Estimate of of Transportation Consultant Services (Direct Labor Multiple) Firm Bollinger, Lach &Associates, Inc. (BLA) Date 7/25/03 Route FRAZIER AVENUE County KANE Complexity Factor(R) 0 Direct Labor Multiple 2.85 (2.85+R) In-House Services % of Payroll Times Direct By Total Grand Payroll Costs Others (C+D+E) Total (B) (D) (E) Prefinal Engineering 313 8,400.92 23,942.62 334.00 24,276.62 % Final Engineering 55 1,476.20 4,207.17 504.00 4,711.17 % Survey(Supplemental) 24 630.96 1,798.24 36.00 1,834.24 % KAM Engineering (Lighting) 4,000.00 4,000.00 % % I Totals 392 10,508.08 29 948.03 874.00 4,000.00 34,822.03 % % BDE 2356(1/2000) ' City of Elgin Agenda Item No. August 22, 2003 NEIGHBORHOOD VITALITY TO: Mayor and Members of the City Council FROM: David M. Dorgan, City Manager �, John M. Loete, Public Works Director SUBJECT: Engineering Services Agreement with Bollinger, Lach & Associates, Inc . for the Frazier Avenue Lowering Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with Bollinger, Lach and Associates, Inc. for design engineering services for the completion of plans, specifications, and bid documents for the Frazier Avenue Lowering Project . BACKGROUND This project will provide for the lowering of Frazier Avenue under the Metra overpass (east of State Route 31) to allow truck access to the Fox River Water Reclamation District' s (FRWRD) North Plant . Currently, the trucks use Jerusha Avenue, further to the north, and then transit residential streets to access the plant because the overpass on Frazier does not have adequate clearance for them. The purpose of the project is to provide the residential neighborhood relief from the truck traffic. It is moving forward at this time because Metra is currently designing the replacement of the overpass structure to be constructed next year. FRWRD was approached about sharing in the cost of the roadway improvement, but declined. Funding for the design of the Frazier Avenue lowering was approved in the City' s 2003 budget ($16, 000) to allow the design of the two projects to be coordinated. Besides lowering the roadway approximately five feet, the improvements will include a full depth asphalt pavement, curb and gutter, storm sewer, and street lights . Besides the normal scope of work of preparation Engineering Services - Frazier Ave. Lowering Project August 22, 2003 Page 2 of design drawings, specifications, contract documents and billing assistance for the project, the engineer will have to coordinate the roadway design and construction schedule with Metra' s project . Requests for proposal were solicited from seven firms, with six firms submitting proposals on June 30, 2003 . The firms responding were: • Bollinger, Lach & Assoc. • Crawford, Murphy & Tilley • K Plus Engineering • Smith Engineering • Stanley Consultants • TKDA Engineering A staff selection committee evaluated the six proposals, with Bollinger, Lach & Assoc. being selected as the most qualified firm for the project . Evaluation of the proposals not only included the firms' ability to provide design engineering services, but also construction engineering services. Construction engineering services are not included in the agreement at this time, but will be added via amendment when a road construction contract is awarded. Upon selection, Bollinger, Lach & Assoc. met with staff to finalize the project scope and negotiate a project fee. The final negotiated fee is $34, 822 . 03 . This fee is approximately 14% of the estimated construction cost of $250, 000 . A typical design fee for a roadway project is 8% to 10% of the construction cost . The budgeted amount of $16, 000 for design engineering was based upon an original construction cost estimate of $200, 000 . Several of the firms indicated that retaining walls will be needed near Metra' s overpass because of the roadway lowering needed to get proper clearance. This increases the estimated construction cost to $250, 000 and the estimated fee to $20, 000 . The added work to coordinate the design with Metra' s project, and to obtain permits from them, results in the balance of the higher fee . Bollinger, Lach' s proposed fee is consistent with the fee submitted by the other engineers, which ranged from $40, 000 to $60, 000 . Engineering Services - Frazier Ave. Lowering Project August 22, 2003 Page 3 A map depicting the project area is shown as Exhibit A. A copy of the results of the selection process is attached as Exhibit B. A copy of the proposed agreement is attached as Exhibit C. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The agreement with Bollinger, Lach & Assoc. will total $34, 822 . 03 . Funds were budgeted under project number 339673, account number 275-0000-791 . 93-80 in the amount of $16, 000 . The remaining amount of $18, 822 . 03 can be funded from the balance ($20, 871) in the 2003 Neighborhood Street Light Project, account number 275-0000-791 . 92-36, project number 339549 . This is the unused balance from last year' s program and its use for this project will not result in any needed lighting work being deferred. EGAL IMPACT None ALTERNATIVES 1 . Approve the engineering services agreement with Bollinger, Lach &Associates, Inc. 2 . Do not approve the agreement with Bollinger, Lach & Associates, Inc. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the agreement with Bollinger, Lach & Assoc. in the not-to-exceed amount of $34, 822 . 03 . Respectfully submitted for Council consideration. (do] Attachments I" EXHIBIT A Project Location Map r FRAMER AVE. LOWERING PROJECT LOCATION i m Church Rd. r \ :.�; —� . I tt! 1 Ic\ \ 35 5 W t � � R� r r —� 5 E . • E � I o I �Rofinea %ToN afa--� Rd. o� t Rd I• o h a r i 90 2� _ l �• v PTO/fyol,\. ( /6 I S DOVh��Rd. D• ar..... '. Y a (J - - Po Forest Air rt RQ L-3 . c O o TYLER CREEK tytat-River`Rd ,d. iT----� Lti CL Meld I Ctiof !FL—O�olu 0. C cen o FOREST PRESERVE F. �,5+y 1•¢ l� C Q _ \ L 'tpt k\ 'a PI' RIVERSIDE Y I � \ + i WTP C4 Todd a' S Ookdok—D[ P J' o Q lnnc R Crcctvkw-Dc-oa J OO�d+ Meadow. o �k / ~\ 3�lake Plaza L.irwood Cate M"tODSidt c N COi r FfE\µnel-Dr. • 1° °o fblat oz M1d `J ! s Oc aEEa �~•� of i 9� E •Nd. - L--� BiD TimOer�Rd. Big Tmber TIY•ER > ON BELLE 00 NITER NLfi eN• RN lE WSIU AVE Y CONSDON • 7��t r 1' eLVff Q. 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