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07-167 Resolution No. 07-167 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ENGINEERING SERVICES AGREEMENT WITH BOLLINGER, LACH &ASSOCIATES FOR THE FRAZIER AVENUE LOWERING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute Amendment No. 1 to the Engineering Services Agreement with Bollinger,Lach &Associates for the Frazier Avenue Lowering Project,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 11, 2007 Adopted: July 11, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk First Amendment Agreement This Amendment Agreement No. 1 is hereby made and entered into this day o +-[A 2007, by and between the City of Elgin, an Illinois Municipal Corporation (hereinafter referred to as "Cand Bollinger, Lach & Associates, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, the parties hereto have previously entered into an Agreement dated September 15, 2003, attached hereto as Attachment "A" (hereinafter referred to as "ORIGINAL AGREEMENT"); and WHEREAS, ORIGINAL AGREEMENT provided for a maximum payment of$34,822.03 and WHEREAS, the parties hereto have each determined it to be in their best interest to amend Original Agreement; and WHEREAS, the CITY has determined that the proposed scope of the PROJECT should be modified to include updating plans and specifications to reflect recent changes and to provide construction engineering services requiring additional professional engineering; and WHEREAS, the CITY has determined that the proposed scope of the PROJECT be modified to provide construction phase services requiring additional professional engineering services; and WHEREAS, the CITY has determined that the proposed scope of the PROJECT be modified to include preliminary engineering, final engineering, bidding assistance and construction phase services for the Frazier Avenue from IL. Route 31 to Clifford Street reconstruction project requiring additional professional engineering services; and WHEREAS, the CITY has determined that the proposed scope of the PROJECT be modified to include updating recent changes in existing features and changes in the standard specifications requiring additional professional engineering services; and WHEREAS, the circumstances necessitating these changes in performance contemplated by this amendment were not reasonably foreseeable at the time Original Agreement was signed; the changes contemplated by this Amendment Agreement are germane to the original agreement as signed; and this Amendment Agreement is in the best interests of City and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: ATTACHMENT B SCOPE RATES 1. Section I (B) of the Original Agreement is hereby amended by adding the following additional text to the end thereof which reads as follows: "ENGINEER shall also perform the additional services for the PROJECT to include construction engineering services, updating plans to reflect recent changes in the standard specifications and on the construction site." 2. Section I (C) of the Original agreement is hereby amended by adding the following additional text to the end thereof which reads as follows: "A detailed Scope of Services for the additional services provided by the First Amendment Agreement is attached hereto as Attachment B". 3. Paragraphs IV (A) is hereby amended to read "For services provided by the ENGINEER as described in Attachment A of the original agreement and as described in the First Amendment Agreement, ENGINEER shall be reimbursed at the rate of 2.85 times the direct hourly rate of personnel employed on this PROJECT as set forth in Attachment B of this First Amendment Agreement, which the total fee not to exceed $118,946.39 regardless of the actual time expended or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorizing in writing by the DIRECTOR." 4. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus five percent (5%). Any such fee provided in subparagraph IV (A) above shall not cause the total fees of the project to exceed $118,946.39. 5. Except as amended by this First Amendment Agreement the Original Agreement between the parties shall remain full force and effect. CITY OF ELGIN BOLLINGER, LACH & ASSOCIATES, INC. By: "Manager � By: 7A Craig Luko z Executive Vice President Attest: Attest: City Clerk City of Elgin Frazier Avenue 05-22-07 Attachment "B" 2.1 — Design Scope of Work: Bollinger, Lach and Associates, Inc. (BLA) shall revise the plans and specifications and estimate entitled Frazier Avenue to illustrate the field work that Metra (Railroad Bridge) and Swizzle Inn (sanitary sewer) has completed to date. Due to the potential letting date of the contract after January 1St, 2001 the plans and specifications will also reflect the new Illinois Department of Transportation (IDOT) "Standard Specifications for Road Bridge Construction" Adopted January 1, 2007. The revisions to the plan can be summarized as follows: Specifications Typical Sections Summary of Quantities Plan Callouts Drainage Cross Sections Cost Estimate Work Effort Survey Payroll Classification Hrs Project Surveyor 2 Party Chief 8 Instrument Man 8 Survey Technician 4 Engineering Payroll Classification Hrs Principal 2 Project Manager 8 Senior Engineer 18 CADD Technician 8 Bollinger,Lach&Associates,Inc. 2.2 — Design Scope of Work: BLA will revise the plans based upon the site improvements to Swizzle Inn in the area of the proposed sheet pile wall. Plan revisions would illustrate removing part of the sheet pile wall on the south side of Frazier Avenue, new grading, cross sections, and new driveway grades. City of Elgin Frazier Avenue 05-22-07 Work Effort Engineering Swizzle Inn Modifications Payroll Classification Hrs Principal 2 Project Manager 6 Senior Engineer 12 CADD Technician 8 2.3 — Design Scope of Work: BLA will provide surveying and engineering services for the new grading concept to be completed on the south side of Frazier Avenue. The sheet piling wall will be removed from the typical section, roadway and drainage plans, quantities, and the cross sections. In addition the cross sections are to be revised to illustrate a cut slope into the proposed warehouse property east of the Swizzle Inn. As a result, a Temporary Easement Exhibit, and legal description needs to be prepared for the grading within the developer's property. Work also includes additional meetings, revisions to permits, plans, bid documents, tabulating contractor bids and liaison with contractor and City staff. Work Effort Final Plans Payroll Classification Hrs Project Manager 16 Senior Engineer 24 Design Engineer 12 CADD Technician 12 Easement Exhibit Payroll Classification Hrs Bollinger,Lach&Associates,Inc. City of Elgin Frazier Avenue 05-22-07 3.2 — Scope of Constructioin Engineering Services: It is expected that the construction engineering agreement will be completed with a notice to proceed issued by approximately March 12, 2007. Construction Engineering work should be completed within 4 weeks of the completion of the construction including punch list and clean up. Construction engineering services will be for full time observation/inspection in accordance with IDOT standard procedures and practices. Traffic Control & Protection: Special attention must be paid to communication with the motoring public on the project. Establishment of an effective traffic control and protection system is critical to the safe operations of the project. Strict conformance to the contract traffic control plans will be demanded from the contractor. Public Information and Local Contact: Informing the public of construction activities is critical to the success of the project. Reconstruction projects can have a serious impact on local businesses along the project. It is therefore important to keep affected businesses and agencies informed about the schedule and status of the project. BLA will meet with the local businesses and residents on a regular basis to keep them informed of detailed work schedules on the project, particularly plans for staging construction of entrances and exits. It is also proposed that the police and fire personnel be kept informed of the project schedule and status to ensure rapid and efficient emergency responses can be attained for areas affected by the construction activities. Periodic handouts can be prepared for distribution to affected entities. Monitoring Construction Progress: Periodic progress meetings will be conducted to ensure that the project progresses on schedule and to ensure that all stake holders are kept informed of project issues and progress. Progress meetings are especially important for this project because of the participation of several organizations. It will be critical to the success of the project that all parties be kept aware of project decisions and participate in the timely resolution of potential delay issues. Utility Coordination: Timely relocation of conflicting utility facilities is a critical factor in maintaining the project's schedule. Utilities will be discussed at the preconstruction meeting and any conflicts will be monitored at regularly scheduled progress meetings with the contractor and the utility company. Survey Work: BLA will provide work with the contractor and designer to establish critical project control points, and perform periodic reviews of the contractor's work to ensure substantial conformance with the proposed lines and grades of the project. It was noted that a pay item for contractor layout was not on the current list of quantities. Bollinger,Lach&Associates,Inc. City of Elgin Frazier Avenue 05-22-07 Materials Testing: Materials testing for this project are to be supplied by the consultant. BLA will use a qualified materials testing subconsultant with the qualified personnel capable of performing on site and plant inspection/observation as necessary. Project Close Out: A timely close out of this project is important to ensure prompt reimbursement of state and developer funds to the CITY OF ELGIN. BLA has a significant experience with project close out with IDOT PROJECTS. On a recent $33M IDOT contract BLA completed final records well in advance of the normal time period required to close out a project. The project manager, Bob Rollings was the IDOT Bureau Chief of Construction for 12 years and managed the close out of over 2,700 IDOT contracts. Bob and the construction staff are well versed in the close out requirements for IDOT projects. General Scope of Services: BLA will perform or be responsible for the performance of the following services in connection with this project. BLA shall furnish or cause to be furnished qualified engineers, construction observers and/or technical personnel to perform the following services including, but not limited to, the following tasks: 1. Attend the bid opening and assist the CITY OF ELGIN with preparation of bid tabulations summarizing bid proposals. 2. Attend a pre-construction conference with the contractor, CITY OF ELGIN, and other parties. • Obtain from the contractor a list of proposed suppliers and subcontractors. Make recommendations to the CITY OF ELGIN regarding the suitability of the subcontractors for the proposal work. 3. Review the construction schedule submitted by the contractor for compliance with the contract. 4. Check and approve, or reject and request resubmittal of any submittals made by the contractor for compliance with the contract documents. 5. Provide all construction staking. Establish all baselines, construction stakes, and benchmarks necessary for locating the principal components of the work. 6. Make periodic visits to the work site to observe the progress and quality of the executed work. • Determine if the work is proceeding in accordance with the Contract Documents. • BLA shall keep the CITY OF ELGIN informed of the progress of the work. o Guard the CITY OF ELGIN against defects and deficiencies in the work. o Advise the CITY OF ELGIN of all observed deficiencies of the work and disapprove or reject all work failing to conform to the Contract Documents. Bollinger,Lach&Associates,Inc. City of Elgin Frazier Avenue 05-22-07 7. Provide extensive on-site observations of the work in progress and field checks of materials and equipment through a Resident Engineer or Inspector, who shall: • Serve as the CITY OF ELGIN'S liaison with the contractor working principally through the contractor's field superintendent. • Cooperate with the contractor in dealing with the various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. • Attend all construction conferences. Arrange a schedule of progress meetings and other job conferences as required. o Maintain and circulate copies of records of the meetings. • Review contractor's progress on a regularly scheduled basis (weekly or other appropriate interval) and update the progress schedule. o Compare actual progress to the contractor's approved schedule. o If the project falls behind schedule, work with the contractor to determine the appropriate course of action to get back on schedule. • Arrange for any required material testing required under the contract with the CITY OF ELGIN'S geotechnical consultant. • Coordinate with residents and CITY OF ELGIN regarding the Village's sidewalk policy and the Village's driveway apron upgrade program within the project area. o Answer resident questions concerning the policy, program and the project. • Perform weekly barricade checks. The inspection shall be made between sunset and sunrise. o A Barricade Check Report shall be completed and delivered to the Public Works Department. Notify the contractor of, and take appropriate steps to correct, and deficiencies noted. • Maintain orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions or original contract documents including all addenda, change orders and additional drawings issued subsequent to the award of the contract. • Record names, addresses and telephone numbers of all Contractors, subcontractors, and major material suppliers. • Prepare payment requisitions and change orders. Review applications for payment with the Contractor for compliance with established submission procedure and forward them with recommendations to the CITY OF ELGIN. • Prior to final inspection, submit to the contractor a list of observed items requiring correction and verify that each correction has been made. • Conduct final inspection with the CITY OF ELGIN and prepare a final list of items to be corrected. • Verify that all items on the final list have been corrected and make recommendations to the CITY OF ELGIN concerning acceptance. Bollinger,Lach&Associates,Inc. City of Elgin Frazier Avenue 05-22-07 • Except upon written instruction of the CITY OF ELGIN, the Resident Engineer or Inspector shall not authorize any deviation from the Contract Documents. • Determine if the project has been completed in accordance with the Contract Documents and that the Contractor has fulfilled all of his obligations. • Conduct weekly status meetings with the general contractor. • Prepare a weekly/bi-weekly/monthly newsletter for distribution to residents. 8. Keep an inspector's daily report book in the CITY OF ELGIN'S format, or other required format appropriate for the project,recording: • Hours on the job site, • Weather conditions, • General and specific observations, • Daily activities, • Quantities placed, • Observation/inspections, • Decisions, and • List of visiting officials. 9. Determine if the project has been completed in accordance with the contract document and if the contractor has fulfilled all obligations. 10. Shop Drawings and Contractor Submittals: • Record data received, maintain a file of drawings and submissions, and check construction for compliance with them. • Review Contractor's submittals for compliance with contract documents. o Notify the CITY OF ELGIN of any deviations or substitutions. o With the notification, provide the CITY OF ELGIN with a recommendation for acceptance of denial, and request direction from the CITY OF ELGIN regarding the deviation of substitution. 11. Record Drawings: • Document the location (vertically and horizontally) of sewer and water services. • Maintain a set of Record Drawings on which all changes are noted, deliver a reproducible set and Autocad drawing file(s) of them to the CITY OF ELGIN at the completion of the Project. 12. BLA will comply with the CITY OF ELGIN Personal Protective Equipment (PPE) policy. • The policy at minimum requires anyone on a construction site to wear an orange safety vest and steel-toed shoes. • Various situations calling for further safety requirements are indicated in the policy. Bollinger,Lach&Associates,Inc. UIllinois Department of Transportation Route Frazier Avenue Average Hourly Project Rates Section County Kane Consultant Bollinger,Lach&Associates Inc. Date 05/22/07 Job No. PTB/Item Sheet 1 OF 1 Payroll Avg Total Pro eCt Rates Phase III Consultation Design Revisions Easement Exhibit Final Plans Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Principal $67.50 28 3.62% 2.44 24 4.05% 2.74 4 4.65% 3.14 Part. Avg Resident Engineer $34.73 520 67.18% 23.33 520 87.84% 30.51 Office En ineer $32.331 32 4.13% 1.34 32 5.41% 1.75 Field Engineer $30.95 16 2.07% 0.64 16 2.70% 0.84 Project Manager $42.12 30 3.88% 1.63 14 16.28% 6.86 16 25.00% 10.53 . 3.31 Senior Engineer $35.48 54 6.98% 2.48 30 3488% 12.38 24 37.50% 1 IDesign Engineer $24.94 12 1.55% 0.39 12 18.75% 3.3 CADD Technician $26.92 28 3.62% 0.97 16 18,60% 5.01 12 18.75% 5.05 Project Surveyor $34.931 10 1.29% 0.45 2 2.33% 0.81 8 25.00% 8.73 Survey Technician $26.68 28 3.62% 0.97 4 1 4.65% 1.24 24 75.00% 20.01 Part Chief $24.42 8 1.03% 0.25 8 9.30% 2.27 Instrument Man $21.23 8 1.03% 0.22 8 9.30% 1.97 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 774 100% $35.11 592 100% $35.83 86 100% $33.68 32 100% $28.74 64 100% $33.56 0 0% $0.00 BDE 026(Rev. 2/06) PRINTED 5/22/2007,(Time PAGE 4 Illinois Depr tatio n artment ranspo Cost Estimate of of T Consultant Services Firm Bollinger Lach&Associates Inc Date 05/22/07 (Direct Labor Multiple) Route Frazier Avenue Section Overhead Rate 2.85% County Kane Job No. Complexity Factor 0 PTB& Item (2.85+R)TIMES DIRECT SERVICES DBE %OF ITEM MANHOURS PAYROLL PAYROLL COSTS BY TOTAL TOTAL GRAND OTHERS TOTAL A B C D E C+D+E C+D+E Phase III Consultation 592 21,209.36 60,446.68 2,080.00 4,000.00 66,526.68 79.08% Design Revisions 86 2,896.58 8,255.25 0.00 0.00 8,255.25 9.81% Easement Exhibit 32 919.76 2,621.32 0.00 0.00 2,621.32 3.12% Final Plans 64 2,147.76 6,121.12 600.00 0.00 6,721.12 7.99% TOTALS 7741 27,173.461 77,444.36 2,680.00 4,000.00 0.00 84,124.361 100,00% PRINTED 5/22/2007, 6:53 AM BDE 026 (Rev. 2/06) Page 3 a City Of - Ibin Mayor Ed Schock Council Members Juan Figueroa Robert Gilliam Brenda Rodgers as K. Sandor Mr.Kevin Bollinger, P.E. RECEIVED Thom John Walters Bollinger, Lach & Assoc. Marie Yearman 1010 Jorie Blvd. SEP 2 5 2003 City Manager Oak Brook, IL 60523 BOlL{NGER, David M. Dorgan L.ACH RE: Frazier Ave. Lowering Project & ASSOCIATES, INC. Dear Mr. Bollinger: Enclosed please find a fully executed copy of the engineering services agreement for the subject project. You are hereby authorized to begin all engineering services as outlined in the agreement. I have also enclosed a copy of the CD containing the topographic survey information for Frazier Ave.as compiled by Alvord, Burdick &Howson- If you have any questions please call me at 847-931-5964. Sincerely, CITY OF ELGIN 4(z� ` Steve Pertzborn' P. . Senior Engineer 150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616 printed on recycled paper www.cityoteigin.org AGREEMENT THIS AGREEMENT, made and entered into this this_1�51day of p7; , 2003,by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY")and Bollinger, Lach&Associates Inc "ENGINEER"). (hereinafter referred to as 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 ex erience -to furnish such services upon the terms and conditions set forth herein below. p 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 set forth herein subject to the following terms conditioand stipulations, to wit: in the Project as 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.l 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- 11. 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 continents 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. PAl'AgENTS 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 fines or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus O 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(HC 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. Vil• 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- XI. 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 shalt 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. XIS'. 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 ori gin, 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 termination or suspension, in whole or part,shall be the Agreefinen 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. )aX. 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. XMV. 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 S/33E et seq. Or any similar state or federal statute regarding bid rigging. X V• 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; 13. 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 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 ACi &CI City Manager (SEAL) For the ENGINEER: Dated this 8___ti_day of Au t A.D., 2003_ ATTEST: By ec B 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 Av be funded b the enue_ The reconstruction of the roadwa y will y e 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. existing sanitary sewer and new watermain will be designed by others and constructed prior to the Frazier Avenue work. . sewer manholes and to fire hydrants will be included r nathe design work.�The length o Sanitary f of the improvement is approximately 700 feet and is to accommodate semi truck traffic. The City worlds 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 bid tabulations. Plans and specifications are to be prepared to MOT standards a and modified the City of Elgin. Plans are to be in AutoCAD format by Work will include evaluation of improvements for roadway profile, alignment an ..These tasks will be initiated during d geometry. ng 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 Property on the north side of the street. This shift will rrov de the est oys for the commercial the grade for trucks on Frazier Avenue and at the same time minimize the driveway o slopes.mmAt 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; pavement; lighting; and possibly sidewalk. Bollinger, Lach & Associates will be responsib e directly to the City of Elgin's Department of Public Works. We will provide ro riate and °fin necessary for supervision of the roadway contractor's construction operations field and for coordination with Metra's contractor. We have spoken with Metra's consultant regarding the proposed replacement strture 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. The 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 r temporary embankments and structures that are wider than the existing embankment equie. 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 Il abutment construction is complete Metra's contractor may require access via Frazier Avenue to both the north and south sides bridge during construction. of the 2-i 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 w 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-today 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 Metm 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 Metm if it is required at the bridge site. If so, we would recommend that it be initiated as Carly 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 nd laboratory testing,and preparation of a geotechnical desi r g Work will be performed in accordance with the applicablg [DOT. enrequrrements of AASH`'O and 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 Site. Conduct field survey work to obtain relevant topographic and planimetric survey information of the subject property to verify the existin too y 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 in 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 ComEd for pole relocation_ include: IDOT for work on Route 31 curb returns, FRWRD for manhole adjustments, Public Works for fire hydrant adjustments and 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 fire project site and will consider alignment, geometries, curb cut confi coordination with Metra, traffic guration for commercial property, and stormwater drainage design pedestrian requirements, traffic on adjacent roadways 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 F i Ptans Sept 18 Oct_20 Nov_3 Nov. 17 ATTACHMENT C Bollinger,Lach & Associates, Inc. City of Elgin Frazier Avenue Direct Costs August 8,2003 PRELIMMARY 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 8 Special Provisions x 50 sheets x$0.10/sheet —$168.00 Total =$40.00 _$334.00 FINAL SUBMTTAL 1 Full size mylar x 21 sheets x$10.00/sheet 8 Quarter size prints x 21 sheets x 0.75/sheet _—$210.00 8 Full size prints x 21 sheets x$1.00/sheet —$126.00 Mnal Total =$168.00 _$3,193.75 SURVEY VEHICLE I Day x$36/day _$36.00 Illinois Department of Transportation Average Hourly Project Rates Route FRAZIER AVENUE County KANE Consultant Bollinger, Lech &Associates, Inc. Date 7/25/03 Payroll Hourly Sheet 1 of 1 Classification Rates SURVEY , PREFINAL PLANS FINAL PLANS ., % WGTD % WGTD % WGTD % WGTD �cipal 60.00 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 11 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 " , SDE 2392(2/01) 1111nois 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 1 8,400.92 23,942.62 1 334,00 1 1 24,276.62 % Final Enqineering 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 4,000.00 4,000,00 % % % % % % % % % Totals 392 10,508.08 29 948.03 874100 4,000,00 34,822.03 % % SIDE 2356(1/2000)