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07-103 Resolution No. 07-103 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AGREEMENT WITH BAXTER&WOODMAN FOR THE BOWES ROAD INTERCEPTOR SEWER- TRUNK 20 PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager, and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute Amendment No. 2 on behalf of the City of Elgin with Baxter &Woodman for additional design engineering services for the Bowes Road Interceptor Sewer-Trunk 20 Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 25, 2007 Adopted: April 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS BOWES ROAD INTERCEPTOR SEWER TRUNK 20 ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 2 THIS AMENDMENT AGREEMENT NO. 2 is hereby made and entered into this day of f p j ( 2007, by and between the City of Elgin, Illinois, a municipal corporation, hereYnafter referred to as "CITY", and Baxter & Woodman, Inc., an Illinois Corporation, hereinafter referred to as "ENGINEER". WHEREAS, the parties hereto have previously entered into an Agreement dated October 8, 2003 (ORIGINAL AGREEMENT), attached hereto and made a part hereof as Exhibit 1; and WHEREAS, the parties hereto have previously entered into an Amendment Agreement No. 1 dated June 14, 2006 (hereinafter referred to as "Amendment No. 1"), attached hereto and made a part hereof as Exhibit 2, which modified ORIGINAL AGREEMENT (hereinafter collectively referred to as "AMENDED ORIGINAL AGREEMENT"); and WHEREAS, the Bowes Road Interceptor Sewer Trunk 20 which forms the basis of the ORIGINAL AGREEMENT is progressing to the final design phase; and WHEREAS, the CITY has requested the ENGINEER to provide additional final design services for the Bowes Road Interceptor Sewer Trunk 20; and provide additional design tasks which include a lift station and force main; and WHEREAS, the circumstances necessitating the change in performance contemplated by this Engineering Services Agreement Amendment No. 2 were not reasonably foreseeable at the time AMENDED ORIGINAL AGREEMENT was signed; the changes contemplated by this Amendment Agreement No.2 are germane to ORIGINAL AGREEMENT and AMENDED ORIGINAL AGREEMENT; and this Amendment Agreement No. 2 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 - B A X T E R WOODMAN 1. The above recitals are hereby incorporated into and made a part of this agreement. 2. SECTION 1.B. of ORIGINAL AGREEMENT is hereby amended to add new Paragraph B.3C to read as follows: "3C As requested by the CITY, modify the route of the force main to utilize the west right-of-way of Randall Road in lieu of the current route, including additional field survey, design, and re-permitting as necessary to effect the route change." 3. SECTION 1.B. of ORIGINAL AGREEMENT is hereby amended to add new Paragraph B.3D to read as follows: "3D. As requested by the CITY, modify the location of the sewers in the area of the proposed extension of South Street right-of-way to fall within the proposed right-of-way." 4. SECTION 1.C. of the ORIGINAL AGREEMENT is hereby amended to read: "ENGINEER shall adhere and comply with the revised detailed Scope of Services attached hereto and made a part hereof as Engineering Services Agreement Amendment No. 2 Attachment A." 5. SECTION 2.A. of AMENDED ORIGINAL AGREEMENT is hereby further amended to read as follows: "A. ENGINEER shall conform to the following outline project milestones." Milestone Tentative Date • Kickoff Meeting December 12, 2003 • Meet with CITY Staff to present results of Conceptual Plan Development October 17, 2003 • Provide letter report describing preliminary engineer findings and recommendations August 2005 - 2 - B A X T E • WOODMAN • Complete design contract documents and submit to Illinois EPA for permits May 2006 • Issue Notice to Bidders July/August 2007 • Receive competitive bids September/October 2007 6. SECTION 4.A. of AMENDED ORIGINAL AGREEMENT is hereby further amended to read as follows: "For services provided, the ENGINEER shall be paid at the Engineers' Standard Hourly Fees in effect at the time that the service is provided. The total fee will not exceed $358,113 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of work and an amendment to the fee provided for herein are authorized in writing by the CITY. A copy of the Engineer's 2007 Hourly Fees and Expense Items for Professional Services is attached hereto as Engineering Services Agreement Amendment No. 2 Attachment C." 7. SECTION 4.B. of the AMENDED ORIGINAL AGREEMENT is hereby further amended to read as follows: "For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such fees are included in the aforementioned amount of$358,113." 8. SECTION 4.C. of the AMENDED ORIGINAL AGREEMENT is hereby further amended to read as follows: "The CITY shall reimburse the ENGINEER for expenses,including travel and out- of-pocket expenses. Such reimbursable expenses are included in and shall not cause the total amount paid to the ENGINEER to exceed the aforementioned amount of $358,113." 9. SECTION 4.D. of the AMENDED ORIGINAL AGREEMENT is hereby further amended to read as follows: "The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice by CITY. 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. - 3 - B A X T E R illr% 4111. i WOODMAN Completed Phases Cumulative Amount Preliminary Engineering $ 38,074 Conceptual Design $141,889 Final Design and Bidding $358,113 10. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect except as specifically modified herein. - 4 - B A X T E R !WA 1 WOODMAN 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. BAXTER& WOODMAN, INC. CITY OF ELGIN, ILLINOIS fr By ".' .� By President/CEO 'ty'Manag- Py20c, X00 -7 D Date of Signature of Signature (SEAL) (SEAL) ATTEST: ATTEST: Secretary City Clerk Attachment LDH:csw 04/04/07 l:\ELGNC\030681\AGREEMENT\AMENDMENT NO 2 2nd DRAFT PER ATTN RECOMENDED CHANGES 4-02- 07 BY LDH.doc - 5 - B A X T E R Mr% 4 WOODMAN CITY OF ELGIN, ILLINOIS BOWES ROAD INTERCEPTOR SEWER TRUNK 20 AMENDMENT NO. 2 EXHIBIT 1 City of Elgin, Illinois Bowes Road Interceptor Sewer Trunk 20 AGREEMENT THIS AGREEMENT, made and entered into this Qruday of (3 c.T, 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"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the preliminary design, final design and bidding related engineering work on the Bowes Road Interceptor Sewer Trunk 20 Project, (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 stipulation s,to wit: 1. 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. The professional services to be performed under this Agreement will consist of the following. 030681 - 1 - B A X T E R WOODMAN Consulting Engineers 1. A preliminary engineering phase to obtain information from Federal, State, and County agencies, conduct field investigations of alternative sanitary sewer routes, and provide a letter report describing the results of the field investigation and summarizing the information from the various agencies. 2. A conceptual plan development phase to prepare preliminary sewer plans for alternative sewer routes, estimate total construction costs for the alternative sewer routes, and meet with CITY Staff to present results and recommendations. Surface topographical information,property ownership data, underground utility locations, State and Federal regulatory requirements and subsurface soil information will be obtained and used during this plan development phase. 3. A design phase to prepare design drawings, specifications, and contract documents for the selected sewer route and construction method. The capacity of the sanitary sewer will be as described in the April 2002"Sanitary Sewer Master Plan Update"adopted by the CITY COUNCIL. The upstream and downstream manhole locations will be as shown in the CITY's Request For Proposals for the PROJECT that was issued by the CITY on May 12, 2003 4. A bid phase to solicit competitive bids for the construction work, review the bid results, and submit a letter of recommendation to the CITY. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under. Milestone Tentative Date • Kickoff Meeting September 19, 2003 030681 - 2 B A X T E R L WOODMAN ConsulingEngineers • Milestone Tentative Date ■ Meet with CITY Staff to present results of October 17, 2003 Conceptual Plan Development • Provide letter report describing preliminary November 14, 2003 engineer findings and recommendations ■ Complete design contract documents and July 30, 2004 submit to Illinois EPA for permits • Issue Notice to Bidders August 2, 2004 ■ Receive competitive bids September 1, 2004 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. 3. 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. 4. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be reimbursed at the Engineers' Standard Hourly Fees in effect at the time that the service is provided. The total fee will not exceed$229,113 regardless of the 030681 - 3 - BAXTER WOODMAN ConsuttingEngineers 6. 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 Article 4 above. 7. 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 5,shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. 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, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. 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. 030681 - 5 - B A X T E R 4 WOODMAN Consuit ng Engineers • actual costs incurred by the ENGINEER unless substantial modifications to the scope of work are authorized in writing by the CITY. A copy of the Engineer's 2003 Hourly Fees and Expense Items for Professional Services is attached hereto as Attachment C. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such fees are included in the above-referred amount of$229,113. C. The CITY shall reimburse the Engineer for expenses including travel and out-of-pocket expenses. Such reimbursable expenses are included in the above referenced amount of$229,113. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Completed Phases Cumulative Amount Preliminary Engineering $ 38,074 Conceptual Design $141,889 Final Design and Bidding $229,113 5. INVOICES A. The ENGINEER shall submit invoices in a format approved the CITY. Progress reports (2.C. 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. 030681 4 BAXTER WJODMAN on.nilting Engineers 10. 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, judgements, 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. 11. 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. 12. 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 10 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. 030681 - 6 - Tr; WOODMAN ConsukingEngineers 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. 13. CONSTRUCTION MEANS,METHODS,TECHNIQUES,SEQUENCE, 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. 14. 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 or 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. 030681 - 7 - BAXTER 4 WOODMAN Consulting Engineers 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. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be finding 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. 16. 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. 17. 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. 18. 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. 030681 - 8 - BAXTER WOODMAN Consulting Engineers 19. 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. 20. 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. 21. 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. 22. 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. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. 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. 030681 t� - 9 - B A X T E R pir WOODMAN Consulting Engineers 25. 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 compliant 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. 26. 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 030681 - 10 - BAXTER our 411 4 WOODMAN Consulting Engineers 27. 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 030681 11 — BAXTER iir k WOODMAN Consulting Engineers IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon executed e eement in triplicate as though each copy hereof was an original and that and this.a�v......... p copy 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 94 / Lw By City Clerk City Manager (SEAL) For the ENGINEER:7)1'1f Dated this G / day of 74-7/- , A.D., 2003. ATTEST: BAXTER &WOODMAN, INC. By By Deputy Secretary Vice President (SEAL) DRG:mk 08/27/03 030681 t - 12 BAXTER iir WOODMAN Consullsng Engineers Attachment A City of Elgin, Illinois Bowes Road Interceptor Sewer Trunk 20 Scope of Services Preliminary Engineering • Kick-off meeting to discuss project goals, schedule and to establish lines of communication. • Review of existing soil reports and sewer studies. • Review utility atlases, development plans, easements and annexation agreements for the subdivisions along the route. • Review digital parcel base maps, street maps and topography. • Initiate meetings with the Kane County and Illinois Departments of Transportation to discuss the purposes of the project and invite their comments and recommendations on the best way to achieve our goal. Obtain from them any data of existing conditions that they may have recorded during the construction or maintenance of highways. Invite KDOT and IDOT to accompany us on field investigations with City staff to formulate the best route for the sewer. • Initiate wetlands delineation for all possible routes, so they can be evaluated during the field investigations. • Contact U.S. Corps of Engineers and outline the scope of the project. Invite Corps of Engineers to investigate the alternate routes with us and the City, and obtain their evaluation of routes, as well as their suggestions. • Conduct field investigation of the alternate routes with the City (and all other parties that are willing to attend) to verify data obtained in the review of existing atlases, soils reports,base maps, and other data. 030681 — 1 BAXTER WOODMAN Consu.ttng Enggtneers Attachment A • Compile field data and provide a letter report that includes input from all parties that attended the field investigations. Issue draft copy of report to all attending parties and invite their review and comment. Conceptual Plan Development • Utilizing data obtained in research and field investigations, develop basic preliminary plans for each of the alternate routes. • Initiate field topographic surveys of alternate routes and create preliminary route plans that will allow preliminary design and evaluation of routes. • Include the services of a Registered Land Surveyor (RLS) to investigate ownership of surrounding property, including title searches and field investigation if necessary. • Determine locations where soil conditions are suspect and initiate soil borings at critical locations. • Evaluate methods of construction, including open-cut versus tunneling methods where sewers are deep or must cross highways. • Evaluate soil reports and meet with City staff to discuss the findings and how the location of poor material and wetlands will affect the construction of the project. • Utilize a S.U.E (Subsurface Utility Excavation) subconsultant to locate any underground utilities horizontally and vertically where the utility may adversely affect construction. • Prepare preliminary designs along each alternative route and provide exhibits outlining the location of the proposed sewer and property owners affected by each route selection. 030681 - 2 B A X T E R 41116' 41 WOODMAN Consulting Engineers Attachment A ■ Accompany the City when they meet with affected land owners to discuss project and propose obtaining of easements for the sewer, including costs that must be born by the City for easement acquisition. • Categorize advantages and disadvantages of each alternative, including preliminary cost estimates for the sewer construction, estimates for easement negotiations, and cost of the actual easements along each route. • Meet with City staff and present the alternatives. • After receiving the City's selection of alternative, prepare final letter report for submittal to the City. Final Engineering ■ Conduct topographic survey of selected route. • Prepare plans for construction to be reviewed by the City. • Utilize a RLS to prepare preliminary plats of easements for review by City staff and Legal Department. ■ Assist City staff with exhibits and necessary data during final easement negotiations. • Prepare specifications based on the Engineer's Joint Contract Documents Committee format-1996,but as modified by the City of Elgin, Illinois. ■ Submit final plans and specifications to the City for review by their Engineering and Legal Departments. • Utilize RLS to provide final plats of easement when instructed by the City. • Revise plans and specifications to meet with any comments by City staff or Legal Department. 030681 - 3 BAXTER WOODMAN Consulting Engineers Attachment A ■ Submit final plans to the TEPA, DOT, and KDOT. ■ Utilize in-house personnel to prepare and submit wetlands report and all other data required for submittal to the U.S. Corp of Engineers, local stormwater agencies, IDNR/Endangered Species, 1 PA, and U.S. Fish and Wildlife Department. • Prepare fmal Engineer's Opinion of Probable Construction Cost and submit to the City. • Meet with City of determine dates for notice to bidders, bid receipts, letters of recommendation to City to award, and award of project. • Issue Notice to Bidders. • Answer questions during bidding and issue any addenda if necessary. • Assist in receiving of bids. • Review bids and create a "bid tabulation" Excel spreadsheet of all bidders to be distributed by the City to the bidders. • Issue to the City a letter of recommendation of award. 030681 - 4 B A X T E R pir 411i.NPA. WOODMAN Gansu tingEngineers Attachment B City of Elgin, Illinois Bowes Road Interceptor Sewer Trunk 20 Schedule Preliminary Engineering Kickoff Meeting September 19, 2003 Meet with State and County Officials October 17, 2003 Provide letter report November 14, 2003 Conceptual Plan Development Preliminary Sewer Design March 26, 2003 Meet with City to discuss alternatives April 16, 2004 Final Design Final Plan preparation June 25, 2004 Final revisions July 30, 2004 Advertise Notice to Bidders August 2, 2004 Receive bids and prepare recommendation September 1, 2004 A X -Ft R 030681 urB WOODMAN Consulting Engineers Attachment C City of Elgin, Illinois Bowes Road Interceptor Sewer Trunk 20 BAXTER &WOODMAN, INC. 2003 HOURLY FEES AND EXPENSE ITEMS FOR PROFESSIONAL SERVICES EMPLOYEE CLASSIFICATION HOURLY FEES Principals $125 Senior Engineers $90 to $115 Construction Managers $80 to $100 Engineers $75 to $100 Staff Engineers $68 to $86 Designers $86 CADD Operators $74 Senior Field Engineers $90 Field Engineers $84 Jr. Field Engineers $64 Senior Surveyors/Technicians $68 Surveyors/Technicians $42 to $68 Secretaries $42 to $48 Hourly fees include direct and indirect overhead expenses, readiness to serve, and profit, and are for 8 hours/day and 40 hours/week regularly scheduled work hours. Automobile travel expense is $0.38/mile. Global Positioning System Survey Equipment Usage is $90/hour. All-Terrain Vehicle usage is $40/hour. Savannah Rain Logger usage is $10/day. Traffic Counters $50/day. HA X T E 030681 WOODMAN ConsultingFngineers • CITY OF ELGIN, ILLINOIS • BOWES ROAD INTERCEPTOR SEWER TRUNK 20 AMENDMENT NO. 2 , , • EXHIBIT 2 CITY OF ELGIN, ILLINOIS BOWES ROAD INTERCEPTOR SEWER TRUNK 20 ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 THIS AMENDMENT AGREEMENT NO. 1 is hereby made and entered into this c(-rl-fday of'Z 0/002006, by and between the City of Elgin, Illinois, a municipal corporation, hereinafter referred to as "CITY", and Baxter & Woodman, Inc., an Illinois Corporation,hereinafter referred to as "ENGINEER". WHEREAS, the parties hereto have previously entered into an Agreement dated October 8, 2003 (ORIGINAL AGREEMENT), attached hereto and made a part hereof as Exhibit 1; and WHEREAS,the parties hereto have each determined it to be in their best interests to amend the ORIGINAL AGREEMENT; and WHEREAS, the Bowes Road Interceptor Sewer Trunk 20 which forms the basis of the ORIGINAL AGREEMENT is progressing to the final design phase; and WHEREAS, the CITY has requested the ENGINEER to provide additional fmal design services for the Bowes Road Interceptor Sewer Trunk 20; and provide additional design tasks which includes a lift station and force main; and WHEREAS, the circumstances necessitating the change in performance contemplated by this Amendment Agreement Number 1 were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed; the change contemplated by this Amendment Agreement is germane to the ORIGINAL AGREEMENT,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. B A X T E R • WOODMAN a r • 2. SECTION 1.B. of ORIGINAL AGREEMENT is hereby amended to add new Paragraph B.3A to read as follows: "3A. At the request of the CITY to modify the selected sewer route and construction method to require a lift station and force main,the final design services are to include the design of a lift station and force main." 3. SECTION 1.B. of ORIGINAL AGREEMENT is hereby amended to add new Paragraph B.3B to read as follows: "3B. As directed by the CITY, revise the population equivalent projections and peak wastewater flow rates for the far west planning area to reflect current planning area boundaries and development information.Based on revised analysis,re-evaluate need for Tyler Creek Lift Station and calculate revised flow rate to Trunk Sewer 20." 4. SECTION 1.C. of the ORIGINAL AGREEMENT is hereby amended to read: "ENGINEER shall adhere and comply with the revised detailed Scope of Services attached hereto and made a part hereof as Engineering Services Agreement Amendment No. 1 Attachment A." 5. SECTION 2.A.of ORIGINAL AGREEMENT is hereby amended to read as follows: "A. ENGINEER shall conform to the following outline project milestone." Milestone Tentative Date • Kickoff Meeting V December 12, 2003 • Meet with CITY Staff to present results of Conceptual Plan Development October 17,2003 • Provide letter report describing preliminary engineer findings and recommendations August 2005 • Complete design contract documents and submit to Illinois EPA for permits May 2006 • Issue Notice to Bidders July/August 2006 • Receive competitive bids September/October 2006 -2 - • B A X T E R WOODMAN A 6. SECTION 4.A.of ORIGINAL AGREEMENT is hereby amended to read as follows: "For services provided the ENGINEER shall be paid at the Engineers' Standard Hourly Fees in effect at the time that the service is provided. The total fee will not exceed $328,113 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of work and an amendment to the fee provided for herein are authorized in writing by the CITY. A copy of the Engineer's 2006 Hourly Fees and Expense Items for Professional Services is attached hereto as Engineering Services Agreement Amendment No. 1 Attachment C." 7. SECTION 4.B. of the ORIGINAL AGREEMENT is hereby amended to read as follows: "For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such fees are included in the aforementioned amount of$328,113." 8. SECTION 4.C. of the ORIGINAL AGREEMENT is hereby amended to read as follows: "The CITY shall reimburse the ENGINEER for expenses including travel and out- of-pocket expenses. Such reimbursable expenses are included in and shall not cause the total amount paid to the ENGINEER to exceed the aforementioned amount of $328,113." 9. SECTION 4.D. of the ORIGINAL AGREEMENT is hereby amended to read as follows: "The-CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice by CITY. 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. Completed Phases Cumulative Amount Preliminary Engineering $ 38,074 Conceptual Design $141,889 Final Design and Bidding $328,113 10. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect except as specifically modified herein. - 3 - B A X T E R 4111 WOODMAN A n • • 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. BAXTER&WOODMAN,INC. CITY OF ELGIN,ILLINOIS By 2tee.",:5,42.gAl By ca President/CEO ►' Manager Date of Signature Date of Signature (SEAL) (SEAL) A'!"IEST: ATTEST: • Deputy Secretary City Clerk • • Attachment LDH:py 05/02/06 H:IPROJIELGNC10306811AMENDMENT NO 1 030106.doc Tip;- 4- 4111 WOODMAN x e Engineering Services Agreement Amendment No. 1 Attachment A City of Elgin,Illinois Bowes Road Interceptor Sewer Trunk 20 Scope of Services Preliminary Engineering • Kick-off meeting to discuss project goals, schedule and to establish lines_ of communication. • Review of existing soil reports and sewer studies. • Review utility atlases, development plans, easements and annexation agreements for the subdivisions along the route. • Revise population equivalent projections and peak wastewater flow rates for the west area to reflect current planning area boundaries and re- evaluated pipe sizes and pumping station requirements. • Review digital parcel base maps, street maps and topography. • Initiate meetings with the Kane County and Illinois Departments of Transportation to discuss the purposes of the project and invite their comments and recommendations on the best way to achieve our goal. Obtain from them any data of existing conditions that they may have recorded during the construction or maintenance of highways. Invite KDOT and IDOT to accompany us on field investigations with CITY staff to formulate the best route for the sewer. • Initiate wetlands delineation for all possible routes, so they can be evaluated during the field investigations. • Contact U.S. Corps of Engineers and outline the scope of the project. Invite Corps of Engineers to investigate the alternate routes with us and the CITY, and obtain their evaluation of routes, as well as their suggestions. - 1 - B A X T E R WOODMAN . r r • Engineering Services Agreement Amendment No. 1 • Attachment A • Conduct.field investigation of the alternate routes with the CITY (and all other parties that are willing to attend) to verify data obtained in the review of existing atlases, soils reports,base maps, and other data. • • Compile field data and provide a letter report that includes input from all parties that attended the field investigations. Issue draft copy of report to all attending parties and invite their review and comment. Conceptual Plan Development • Utilizing data obtained in research and field investigations, develop basic preliminary plans for each of the alternate routes. • Initiate field topographic surveys of alternate routes and create preliminary route plans that will allow preliminary design and evaluation of routes. • Include the services of a Registered Land Surveyor (RLS) to investigate ownership of surrounding property, including title searches and field • investigation if necessary. • Determine locations where soil conditions are suspect and initiate soil borings at critical locations. • Evaluate methods of construction, including open-cut versus tunneling • methods where sewers are deep or must cross highways. • Evaluate soil reports and meet with CITY staff to discuss the findings and how the location of poor material and wetlands will affect the construction of the project. • Utilize a S.U.E (Subsurface Utility Excavation) subconsultant to locate • any underground utilities horizontally and vertically where the utility may adversely affect construction. • Prepare preliminary designs along each alternative route and provide exhibits outlining the location of the proposed sewer and property owners affected by each route selection. - 2- B A X T E R L WOODMAN • • Engineering Services Agreement Amendment No. 1 Attachment A • Accompany the CITY when they meet with affected land owners to discuss project and propose obtaining of easements for the sewer, including costs that must be born by the CITY for easement acquisition. • Categorize advantages and disadvantages of each alternative, including preliminary cost estimates for the sewer construction, estimates for easement negotiations, and cost of the actual easements along each route. • Meet with CITY staff and present the alternatives. • After receiving the CITY's selection of alternative, prepare final letter report for submittal to the CITY. • Revise project scope and fee to reflect any changes to the project resulting from CITY's selection(s). • Final Engineering • • Conduct topographic survey of selected route. • Prepare plans for construction to be reviewed by the CITY. • Include design of sewage lift station and force main. • Utilize a RLS to prepare preliminary plats of easements for review by CITY staff and Legal Department. • Assist CITY staff with exhibits and necessary data during final easement negotiations. • Prepare specifications based on the Engineer's Joint Contract Documents Committee format-1996, but as modified by the City of Elgin, Illinois. • Submit final plans and specifications to the CITY for review by their Engineering and Legal Departments. - 3 - B A X T E R WOODMAN / F • Engineering Services Agreement Amendment No. 1 Attachment A • Utilize RLS to provide final plats of easement when instructed by the CITY. • Revise plans and specifications to meet with any comments by CITY staff or Legal Department. • Submit final plans to the IEPA, IDOT, and KDOT. • Utilize in-house personnel to prepare and submit wetlands report and all other data required for submittal to the U.S. Corp of Engineers, local stormwater agencies, IDNR/Endangered Species,IHPA, and U.S. Fish and Wildlife Department. • Prepare final Engineer's Opinion of Probable Construction Cost and submit to the CITY. • Meet with CITY of determine dates for notice to bidders, bid receipts, letters of recommendation to CITY to award, and award of project. • Issue Notice to Bidders. • Answer questions during bidding and issue any addenda if necessary. • Assist in receiving of bids. • Review bids and create a "bid tabulation" Excel spreadsheet of all bidders to be distributed by the CITY to the bidders. • Issue to the CITY a letter of recommendation of award. H:\PRO]\ELGNC\030681\ATTACHMENT A 050106.doc - 4- eirB A X T E R • WOODMAN Engineering Services Agreement Amendment No. 1 Attachment B City of Elgin,Illinois Bowes Road Interceptor Sewer Trunk 20 Schedule Preliminary Engineering Kickoff Meeting December 2003 Meet with State and County Officials May 2004 Provide letter report December 2004 Conceptual Plan Development Preliminary Sewer Design July 2005 Meet with City to discuss alternatives August 2005 Final Design Final Plan preparation June 2006 Final revisions July 2006 Advertise Notice to Bidders August 2006 Receive bids and prepare recommendation October 2006 H:\PROJ\ELGNO030681\ATTACHMENT B 050106.doc ' 1 - BAXTER 4 WOODMAN • Engineering Services Agreement Amendment No. 1 Attachment C City of Elgin,Illinois Bowes Road Interceptor Sewer Trunk 20 BAXTER&WOODMAN,INC. 2006 HOURLY FEES AND EXPENSE ITEMS FOR PROFESSIONAL SERVICES HOURLY BILLING EMPLOYEE CLASSIFICATION RATES Principals $146 Senior Engineers $104 to $130 Construction Managers $75 to $116 Senior Field Engineers $94 to $106 Engineers $82 to $104 Designers $98 Field Engineers $90 to $98 Staff Engineers $72 to $82 CADD Operators $60 to $82 • Jr. Field Engineers $70 to $78 Senior Surveyors/Technicians $76 Surveyors/Technicians $48 to $76 Administrative Assistants $66 Secretaries $30 to $52 - 1 - iirB A X T E R 41111 4 WOODMAN Engineering Services Agreement Amendment No. 1 Attachment C Hourly fees include direct and indirect overhead expenses,readiness to serve,and profit,and are for 8 hours/day and 40 hours/week regularly scheduled work hours. Mileage Charges—Same as the Mileage Charge set by the U.S. Internal Revenue Service. Global Positioning System Survey Equipment Usage is $60/hour. All-Terrain Vehicle usage is $40/hour. Savannah Rain Logger usage is $10/day. Traffic Counters $50/day. H:\PROJ\ELONC\030681\ATTACHMENT C 050106.doc - 2- B A X T E WOODMAN • Exhibit 1 City of Elgin, Illinois Bowes Road Interceptor Sewer Trunk 20 AGREEMENT THIS AGREEMENT, made and entered into this_day of , 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"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the preliminary design, final design and bidding related engineering work on the Bowes Road Interceptor Sewer Trunk 20 Project, (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: 1. 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. The professional services to be performed under this Agreement will consist of the following. 1. A preliminary engineering phase to obtain information from Federal, State, and County agencies, conduct field 030681 BAXTERE R Plira:1! WOODMAN Exhibit 1 investigations of alternative sanitary sewer routes, and provide a letter report describing the results of the field investigation and summarizing the information from the various agencies. 2. A conceptual plan development phase to prepare preliminary sewer plans for alternative sewer routes, estimate total construction costs for the alternative sewer routes, and meet with CITY Staff to present results and recommendations. Surface topographical information,property ownership data, underground utility locations, State and Federal regulatory requirements and subsurface soil information will be obtained and used during this plan development phase. • 3. A design phase to prepare design drawings, specifications, and contract documents for the selected sewer route and construction method. The capacity of the sanitary sewer will be as described in the April 2002"Sanitary Sewer Master Plan Update"adopted by the CITY COUNCIL. The upstream and downstream manhole locations will be as shown in the CITY's Request For Proposals for the PROJECT that was issued by the CITY on May 12,2003 4. A bid phase to solicit competitive bids for the construction work, review the bid results, and submit a letter of recommendation to the CITY. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under. Milestone Tentative Date ■ Kickoff Meeting September 19,2003 ■ Meet with CITY Staff to present results of October 17, 2003 Conceptual Plan Development 030681 - 2- B A X T E R WOODMAN Exhibit 1 Milestone Tentative Date • Provide letter report describing preliminary November 14,2003 engineer findings and recommendations • Complete design contract documents and July 30, 2004 submit to Illinois EPA for permits • Issue Notice to Bidders August 2, 2004 • Receive competitive bids September 1, 2004 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. 3. 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. 4. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be reimbursed at the Engineers' Standard Hourly Fees in effect at the time that the service is provided. The total fee will not exceed$229,113 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of work are authorized in writing by the 030681 - 3 - BAXTER iir WOODMAN Exhibit 1 CITY. A copy of the Engineer's 2003 Hourly Fees and Expense Items for Professional Services is attached hereto as Attachment C. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such fees are included in the above-referred amount of $229,113. C. The CITY shall reimburse the Engineer for expenses including travel and out-of-pocket expenses. Such reimbursable expenses are included in the above referenced amount of$229,113. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed • the amounts shown in the following schedule,and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Completed Phases Cumulative Amount Preliminary Engineering $ 38,074 Conceptual Design $141,889 Final Design and Bidding $229,113 5. INVOICES A. The ENGINEER shall submit invoices in a format approved the CITY. Progress reports (2.C. 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. 030681 -4 - D A X T E R i WOODMAN Exhibit 1 6. 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 Article 4 above. 7. 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 5, shall be deemed concluded on the date the CITY determines that all. of the ENGINEER's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. 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,all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. 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. 030681 - 5 - B A X TE 4 WOODMAN Exhibit 1 10. 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, judgements,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. 11. 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. 12. 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 10 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. 030681 - 6 - B A X Telt R iir WOODMAN Exhibit 1 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. 13. CONSTRUCTION MEANS,METHODS,TECHNIQUES,SEQUENCE, 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.. 14. 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 or 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. 030681 - 7 - BAXTER 4111 1 WOODMAN • Exhibit 1 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. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be finding 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. 16. 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. 17. 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. 18. 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. 030681 - 8 - B A X T E WOODMAN s Exhibit 1 19. 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. 20. 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. 21. 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. 22. 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. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. 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. 030681 - 9 - BAXTER 111 WOODMAN Exhibit 1 25. 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 compliant 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 ILLS 5/2-105. 26. 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 030681 - 10 - BAXTER 1111 WOODMAN Exhibit 1 27. 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 030681 BAXTER E R 4111 - 4 WOODMAN • Exhibit 1 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: Al"1'hST: THE CITY OF ELGIN,ILLINOIS By By City Clerk City Manager (SEAL) For the ENGINEER: Dated this day of , A.D., 2003. ATTEST: BAXTER&WOODMAN,INC. By By Deputy Secretary Vice President (SEAL) DRG:mk 08/27/03 030681 - 12 - B A X T E R 411 4 WOODMAN • Attachment A City of Elgin, Illinois Bowes Road Interceptor Sewer Trunk 20 Scope of Services Preliminary Engineering • Kick-off meeting to discuss project goals, schedule and to establish lines of communication. • Review of existing soil reports and sewer studies. • Review utility atlases, development plans, easements and annexation agreements for the subdivisions along the route. • Review digital parcel base maps, street maps and topography. • Initiate meetings with the Kane County and Illinois Departments of Transportation to discuss the purposes of the project and invite their comments and recommendations on the best way to achieve our goal. Obtain from them any data of existing conditions that they may have recorded during the construction or maintenance of highways. Invite KDOT and IDOT to accompany us on field investigations with City staff to formulate the best route for the sewer. • Initiate wetlands delineation for all possible routes, so they can be evaluated during the field investigations. • Contact U.S. Corps of Engineers and outline the scope of the project. Invite Corps of Engineers to investigate the alternate routes with us and the City, and obtain their evaluation of routes, as well as their suggestions. • Conduct field investigation of the alternate routes with the City (and all other parties that are willing to attend) to verify data obtained in the review of existing atlases, soils reports,base maps, and other data. ' 030681 - 1 - BAXTER 411 4 WOODMAN Attachment A • Compile field data and provide a letter report that includes input from all parties that attended the field investigations. Issue draft copy of report to all attending parties and invite their review and comment. Conceptual Plan Development • Utilizing data obtained in research and field investigations, develop basic preliminary plans for each of the alternate routes. • Initiate field topographic surveys of alternate routes and create preliminary route plans that will allow preliminary design and evaluation of routes. ■ Include the services of a Registered Land Surveyor (RLS) to investigate ownership of surrounding property, including title searches and field investigation if necessary. • Determine locations where soil conditions are suspect and initiate soil borings at critical locations. • Evaluate methods of construction, including open-cut versus tunneling methods where sewers are deep or must cross highways. ■ Evaluate soil reports and meet with City staff to discuss the findings and how the location of poor material and wetlands will affect the construction of the project. • Utilize a S.U.E (Subsurface Utility Excavation) subconsultant to locate any underground utilities horizontally and vertically where the utility may adversely affect construction. • Prepare preliminary designs along each alternative route and provide exhibits outlining the location of the proposed sewer and property owners affected by each route selection. • 030681 - 2 - B A X41111 T E R 4 WOODMAN Attachment A • Accompany the City when they meet with affected land owners to discuss project and propose obtaining of easements for the sewer, including costs that must be born by the City for easement acquisition. • Categorize advantages and disadvantages of each alternative, including preliminary cost estimates for the sewer construction, estimates for easement negotiations, and cost of the actual easements along each route. • Meet with City staff and present the alternatives. • After receiving the City's selection of alternative, prepare final letter report for submittal to the City. Final Engineering • Conduct topographic survey of selected route. • Prepare plans for construction to be reviewed by the City. • Utilize a RLS to prepare preliminary plats of easements for review by City staff and Legal Department. • Assist City staff with exhibits and necessary data during final easement negotiations. • Prepare specifications based on the Engineer's Joint Contract Documents Committee format-1996,but as modified by the City of Elgin, Illinois. • Submit final plans and specifications to the City for review by their Engineering and Legal Departments. • • Utilize RLS to provide final plats of easement when instructed by the City. • Revise plans and specifications to meet with any comments by City staff or Legal Department. • 030681 - 3 - B A X T E R iir 4 WOODMAN Attachment A • Submit final plans to the IEPA, IDOT, and KDOT. • Utilize in-house personnel to prepare and submit wetlands report and all other data required for submittal to the U.S. Corp of Engineers, local stormwater agencies, IDNR/Endangered Species, IHPA, and U.S. Fish and Wildlife Department • Prepare final Engineer's Opinion of Probable Construction Cost and submit to the City. • Meet with City of determine dates for notice to bidders, bid receipts, letters of recommendation to City to award, and award of project. • Issue Notice to Bidders. • Answer questions during bidding and issue any addenda if necessary. • Assist in receiving of bids. • Review bids and create a "bid tabulation" Excel spreadsheet of all bidders to be distributed by the City to the bidders. • Issue to the City a letter of recommendation of award. 030681 - 4- • B A X T E R WOODMAN Attachment B City of Elgin, Illinois Bowes Road Interceptor Sewer Trunk 20 Schedule Preliminary Engineering Kickoff Meeting September 19, 2003 Meet with State and County Officials October 17, 2003 Provide letter report November 14, 2003 Conceptual Plan Development Preliminary Sewer Design March 26, 2003 Meet with City to discuss alternatives April 16, 2004 Final Design Final Plan preparation June 25, 2004 Final revisions July 30, 2004 Advertise Notice to Bidders August 2, 2004 Receive bids and prepare recommendation September 1, 2004 030681 BAXTER L • WOODMAN , • Attachment C City of Elgin, Illinois Bowes Road Interceptor Sewer Trunk 20 BAXTER &WOODMAN, INC. 2003 HOURLY FEES AND EXPENSE ITEMS FOR PROFESSIONAL SERVICES EMPLOYEE CLASSIFICATION HOURLY FEES Principals $125 Senior Engineers $90 to $115 Construction Managers $80 to $100 Engineers $75 to $100 Staff Engineers $68 to $86 Designers $86 CADD Operators $74 Senior Field Engineers $90 Field Engineers $84 Jr. Field Engineers 0 $64 Senior Surveyors/Technicians $68 Surveyors/Technicians $42 to $68 Secretaries $42 to $48 Hourly fees include direct and indirect overhead expenses, readiness to serve, and profit, and are for 8 hours/day and 40 hours/week regularly scheduled work hours. Automobile travel expense is $0.38/mile. Global Positioning System Survey Equipment Usage is $90/hour. All-Terrain Vehicle usage is $40/hour. Savannah Rain Logger usage is $10/day. Traffic Counters $50/day. 030681 BAXTER 4 WOODMAN p OF E(C Agenda Item No. ) � City of Elgin �' III April 6, 2007 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager. y ,;i,l John Loete, Public Works Director '`' `"''``'""` SUBJECT: Amendment No. 2 to an Agreement with Baxter & Woodman for Additional Design Engineering Services for the Bowes Road Interceptor Sewer — Trunk 20 Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 2 to the engineering services agreement with Baxter & Woodman (B&W) for additional design engineering services for the Bowes Road Interceptor Sewer—Trunk 20 (BRIS-T20) Project. RECOMMENDATION It is recommended that City Council authorize Amendment No. 2 with B & W in the amount of $30,000 and authorize staff to execute the necessary documents. BACKGROUND The original agreement with B & W for design engineering services for the subject project ($229,113.00) was authorized by City Council on September 10, 2003. Amendment No. 1 ($99,000) was authorized by City Council on May 24, 2006 and added the design of a sanitary sewer lift station as part of this project. The subject portion of the trunk sewer will extend from the east edge of the Kimball Hill Waterford development north to the area of Winhaven Drive and Randall Road. It will serve an area bounded by Highland Avenue to the North, Randall Road to the East, U.S. Route 20 to the South and Coombs Road to the West. Amendment No. 2 ($30,000 cost) will change the proposed sewer alignment at two locations. A copy of Amendment No. 2 is attached as Exhibit A. Amendment 2 design work will consist of realigning two sections of the sewer to avoid placing sanitary sewer force main in the side yard of a single family residence and to place the southern portion of the sanitary sewer within the proposed South Street extension right-of-way. The force main will be relocated to Kane County right-of-way along Randall Road North of U.S. Route 20. (1111.1‘ Kane County originally did not want to allow placement of the force main in their right-of-way. Amendment#2, Bowes Rd Interceptor Sewer-Trunk 20 r"" April 6, 2007 Page 2 However, it became apparent that it would be difficult to obtain an easement from the homeowners, so Kane County reconsidered and now indicates they will allow use of their right- of-way. In addition, it is being proposed that the south portion of sanitary sewer be realigned to follow the future South Street extension right-of-way. This will reduce the easement needs from the property owner that the sewer falls within. It is estimated that relocating the sewer along Randall Road will reduce the sewer construction cost by approximately $110,000. This is due to not having to restore residential streets that would be required under the original alignment. The total construction cost of the project is estimated to be $5,400,000 which is available in the 2007 Budget. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None IMPACT 91„FINANCIAL Amendment No. 2 with B & W will total $30,000. Funding for this amendment is available in the sewer portion of the 1999 General Obligation Bond Fund, account number 399-4200-795.92- 41 "Capital Distribution System", project number 339666, "Bowes Road Interceptor Sewer — [ Trunk 20" ($320,000 budgeted and $89,922 available). The revised not-to-exceed agreement with B & W will total $358,113. mpvLEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to authorize Amendment No. 2 with Baxter and Woodman as recommended. 2. The City Council may choose not to authorize Amendment No. 2 with Baxter and Woodman and direct staff to pursue another alternative. Respectfully submitted for Council consideration. do Attachment