08-141 Resolution No. 08-141
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 4
TO THE AGREEMENT WITH BAXTER& WOODMAN, INC.
(Dundee/Summit Intersection Improvements)
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.4 to the agreement on behalf of the City of Elgin with Baxter&
Woodman, Inc. for the Phase 1 and Phase 2 design engineering services for the Dundee/Summit
Improvement Project, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 11, 2008
Adopted: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
•r
CITY OF ELGIN, ILLINOIS
DUNDEE/SUMMIT AND SUMMIT/WAVERLY
INTERSECTION IMPROVEMENTS
ENGINEERING SERVICES AGREEMENT
AMENDMENT NO. 4
THIS AGREEMENT AMENDMENT NO. 4 is hereby made and entered into thikday
of , 2008, by and between the City of Elgin, Illinois, a municipal corporation,
hereinafter referred to as "CITY", and Baxter&Woodman, Inc., an Illinois Business Corporation,
hereinafter referred to as "ENGINEER".
WHEREAS,the parties hereto have previously entered into an Agreement dated November 4,
1999 ("ORIGINAL AGREEMENT"), which was amended on August 30, 2001 ("AMENDMENT
NO. 1"); amended again on March 24, 2003 ("AMENDMENT NO. 2"), and amended again on
August 10, 2005, attached hereto as Exhibits 1, 2, 3 and 4 respectively; and
WHEREAS,the parties hereto have each determined it to be in their best interests to further
amend the ORIGINAL AGREEMENT; and
WHEREAS, the Dundee/Summit Intersection Improvements, included in the Original
Agreement, is being modified to include a"modern roundabout design" in lieu of the previously
designed "traffic signal design".
WHEREAS, the CITY has requested the ENGINEER to provide additional preliminary
design tasks and final design services for the Dundee/Summit Intersection Improvements; and
WHEREAS,the circumstances necessitating the change in performance contemplated by this
Amendment Agreement Number 4 were not reasonably foreseeable at the time the ORIGINAL
AGREEMENT, AMENDMENT NO. 1, AMENDMENT NO. 2, or AMENDMENT NO. 3 were
signed; the change contemplated by this Amendment Agreement is germane to the ORIGINAL
AGREEMENT, AMENDMENT NO. 1, AMENDMENT NO. 2, and AMENDMENT NO. 3 as
signed;and this Amendment Agreement is in the best interests of the 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.
2. SECTION I.B. of the ORIGINAL AGREEMENT, is hereby amended to add new
PARAGRAPH B.6 to read as follows:
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"6. Amending the previously approved Project Development Report (PDR) and
preparing the Final Design Documents for the Dundee/Summit Intersection
Improvements,to change the design from traffic signals to a modern roundabout. A
scope of services and Cost Estimate of Consultant Services described in the
foregoing PARAGRAPH B.6 is attached hereto as Exhibits 5 and 6 respectively."
3. SECTION II.A. of ORIGINAL AGREEMENT is hereby amended to read as follows:
Project Completion Dates for Summit/Dundee PDR Revision and Final Design
Engineering:
Amendment No. 4 Approval May 14, 2008
Kick-off Meeting with CITY May 19, 2008
Project Development Report Amendment to IDOT August 18, 2008
Project Development Report Amendment Approved March 9, 2009
Submit Pre-Final Plans to IDOT May 15, 2009
Final Plans to IDOT July 17, 2009
ROW Cleared by IDOT September 23, 2009
IDOT Approval September 18, 2009
Advertise for bids October 15, 2009
Bid Letting November 6, 2009
Begin Construction May 1, 2010
4. SECTION IV.A. of ORIGINAL AGREEMENT is hereby amended to read as follows:
"For services provided, ENGINEER shall be paid at the rate of the ENGINEER's hourly
rates of compensation for work time performed plus expenses, with the total fee not to
exceed $756,378, of which amount not more than $269,000 shall be paid for all additional
services contemplated by Amendment Agreement No. 4 between the parties hereto, dated
, 2008, unless substantial modifications to the PROJECT are authorized in
writing by the CITY."
5. SECTION IV.B. of ORIGINAL AGREEMENT is hereby amended to read as follows:
"B. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within thirty(30)days after receipt and approval of invoice. The total value
of said periodic payments to the ENGINEER shall not exceed the amounts shown in
the following schedule, and the final payments for each task shall not be made until
the task is completed and accepted by the DIRECTOR.
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Engineering Services
Original Amend. Cum% Amend Cum% Amend Cum% Amend Cum%
Agreement No.1 Change No.2 Change No.3 Change No.4 Change Subtotal
1. Design
Concept Plan $ 70,000 $ 0 0 $ 0 0 $ 0 0 $15,000 21% $85,000
2. Phase I Project
Development
Report Summit/
Dundee $ 36,000 $ 0 0 $ 0 0 $ 16,147 45% $102,000 328% $154,147
3. Final Design
and Bid
Assistance-
Summit/
Waverly $ 0 $65,000 0 $ 0 0 $ 17,824 0 $ 0 0 $ 82,824
4. Construction
Related Svcs
Summit/
Waverly $ 0 $ 0 0 $109,688 0 $ 12,670 0 $ 0 0 $122,359
5. Final Design
Dundee/
Summit $ 0 $ 0 0 $ 0 0 $ 91,056 0 $127,600 0 $218,656
TOTAL $106,000 $65,000 61% $109,688 165% $137,698 295% $244,600 525% $662,986
6. SECTION N.C. of ORIGINAL AGREEMENT is hereby amended to read:
"C. For any services provided by any other entities, firms or subconsultants retained by
ENGINEER pursuant to this agreement,CITY shall pay to ENGINEER the invoiced
fees of such other firms,entities or subconsultants,provided,however,that any such
fees shall be included in and shall not exceed the above-referenced amounts in
Section IV.A. hereto. A breakdown of these fees is shown below:
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Subconsultant Services
Original Amend. Cum% Amend Cum% Amend. Cum% Amend. Cum%
Agreement No.1 Change No.2 Change No.3 Change No.4 Change SubTotal
1. Geotechnical
and soils
investigations $ 4,000 $ 0 0 $ 0 0 $ 0 0 $36,000 150% $ 10,000
2. Registered
Land Surveyor $ 7,000 $10,900 156% $ 0 0 $ 8,952 284% $ 0 0 $26,852
3. Title
Commitments
/Plats $ 0 $ 5,200 0 $ 0 0 $ 4,140 0 $ 4,200 0% $13,540
4. Material
Testing $ 0 $ 0 0 $11,312 0 $ 3,244 0 $ 0 0 $14,556
5. Court Reporter $ 0 $ 0 0 $ 0 0 $ 184 0 $ 0 0 $ 184
6. Phase 1/1I
Environmental
Site
Assessment $ 0 $ 0 0 $ 0 0 $14,060 0 $ 0 0 $14,060
7. Appraiser $ 0 $ 0 0 $ 0 0 $ 0 0 $ 3,000 0 $ 3,000
8. Review
Appraiser $ 0 S 0 0 $ 0 0 $ 0 0 $ 1,200 0 $ 1,200
9. Negotiator $ 0 $ 0 0 $ 0 0 $ 0 0 $ 6,000 0 $ 6,000
10. Irrigation
Design $ 0 $ 0 0 $ 0 0 $ 0 0 $ 4,000 0 $ 4,000
TOTAL $11,000 $16,100 146% $11,312 249% $30,580 528% $24,400 749% $93,392
7. SECTION IV.D. of ORIGINAL AGREEMENT is hereby deleted.
8. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect except as
specifically modified herein or by Amendment Agreements Nos. 1, 2 or 3.
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WOODMAN
BAXTER&WOODMAN,INC. CITY OF ELGIN, ILLINOIS
:X9 , n
i/L(114.1 By
Vice President • ity Manaer
L
4//1&. ".7 00c5' a.40
Date of Signature Date of Signature
(SEAL) o : :'.. `1", �`: ,
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ws
ATTEST: ATTEST: T E p t� '
411?c-- �- ' ►� ` -� A C"11.Mo
Deputy Secretary City C1e
Attachment
JJF:jak 5/20/2008
1:\ELGNC\990684\Agreement\Ammendment No 4\AMENDMENT
NO 4.doc
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ExIBiT 2_
CITY OF ELGIN,ILLINOIS
DUNDEE/SUMMIT AND SUMMIT/WAVERLY
INTERSECTION IMPROVEMENTS
ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this -day of 4//:)i-(1999, by and
between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as
"CITY"), and Baxter & Woodman, Inc., an Illinois Business Corporation (hereinafter
referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain
professional services in connection with the preliminary design of the Dundee/Summit and
Summit/Waverly Intersection Improvements (hereinafter referred to as the "PROJECT").
AND
WHEREAS, the ENGINEER represents that he is in compliance with Illinois
Statutes relating to professional registration of individuals and has the necessary expertise
and experience to furnish such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the
ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in
all engineering matters involved in the PROJECT, subject to the following terms and
conditions and stipulations, to wit:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the
Director of Public Works of the CITY,hereinafter referred to as the
"DIRECTOR".
B. In general, the professional services to be performed under this
Agreement will consist of the following.
1. Preparation of the Design Concept Plan for the PROJECT. A
detailed scope of services is provided in the ENGINEER's
proposal dated August 27, 1999, which is attached hereto as
Attachment A.
B A X T E R
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2. Preparation of two Phase I Project Development Reports for
Categorical Exclusion. The scope of services required to
complete the Phase I Reports consists of the following:
a. Hire a land surveyor as a subconsultant to prepare plats of
highway.
b. Coordinate project with utility companies.
c. Obtain soil borings/corings from a subconsultant.
d. Prepare Project Notification Forms and submit to NIPC
and IDOT.
e. Prepare for and attend initial IDOT/FHWA coordination
meeting.
f. Prepare three news releases for publication regarding the
City of Elgin initiating a project study, holding public
meetings/hearings, and requesting design approval from
IDOT/FHWA.
g. Meet with the Kane County Council of Mayors to update
the status of the PROJECT.
h. Prepare Property Owner Notification and Sign-Offs for
properties which require easements or right-of-way
acquisition.
i. Coordinate improvements with IDOT's Bureau of
Programming, Traffic,Hydraulics and Land Acquisition.
j. Coordinate and solicit concurrence for traffic projections
from CATS.
k. Prepare Environmental Survey Request form.
1. Prepare Location/Drainage Study for proposed storm
sewer improvements.
m. Prepare preliminary traffic detour plan and map.
n. Update project cost information.
o. Prepare preliminary geometric plan and vertical profile.
p. Prepare initial Phase I Project reports and submit to IDOT
for approval.
q. Prepare Design Variance Requests,if required.
r. Review IDOT/FHWA comments, revise project report
and preliminary plan accordingly and resubmit final Phase
I reports for approval.
II. PROGRESS REPORTS
A. An outline project milestone schedule is provided as Attachment B,
attached hereto.
B AX T E R
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B. Progress will be recorded on the project schedule and submitted
monthly as a component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a Status
Report keyed to the Project Schedule. A brief narrative will be
provided identifying progress, findings, and outstanding issues.
III. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including,
but not limited to, reports, designs, calculations, work drawings, studies,
photographs, models and recommendations shall be the property of the
CITY and shall be delivered to the CITY upon request of the DIRECTOR
provided, however, that the ENGINEER may retain copies of such work
products for its records. Such work products are not intended or
represented to be suitable for reuse by the CITY on any extension to the
PROJECT or on any other project,and such reuse shall be at the sole risk
of the CITY without liability or legal exposure to the ENGINEER.
IV. PAYMENTS TO THE ENGINEER
A. The CITY shall reimburse the ENGINEER for professional services
described in Paragraphs I.B.1 and I.B.2,based on the ENGINEERS'
hourly rates of compensation for work time performed plus expenses.
The ENGINEERS' fee including reimbursable expenses shall not
exceed $106,000, regardless of actual costs incurred by the
ENGINEER unless substantial modifications to the PROJECT are
authorized in writing by the CITY.
B. The CITY shall make periodic payments to the ENGINEER based
upon actual progress within thirty(30)days after receipt and approval
of invoice. The total value of said periodic payments to the
ENGINEER shall not exceed the amounts shown in the following
schedule, and the final payments for each task shall not be made until
the task is completed and accepted by the DIRECTOR.
Design Concept Plan $ 70,000
Phase I Project Development Report 36.000
Total $106.000
B A X T E R
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C. The ENGINEER shall make necessary arrangements and employ
qualified subconsultants, subject to approval of the DIRECTOR, for
the following work:
1. Geotechnical and soils investigations
2. Registered Land Surveyor
The CITY shall reimburse the ENGINEER for the direct cost of the
above professional subconsultant services, an amount not-to-exceed
Eleven Thousand Dollars ($11,000) without a modification to this
agreement by a change order or amendment.
D. The total payments by the CITY under this agreement under
paragraphs IV.A and IV.0 shall not exceed One Hundred Seventeen
Thousand Dollars($117,000)unless this agreement is modified by a
change order or amendment.
V. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the
CITY. Progress reports (IIC above) will be included with all
payment requests.
B. The ENGINEER shall maintain records showing actual time devoted
and cost incurred. The ENGINEER shall permit the authorized
representative of the CITY to inspect and audit all data and records
of the ENGINEER for work done under this Agreement. The
ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this
Agreement.
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this
Agreement at any time upon fifteen (15) days prior written notice to the
ENGINEER. In the event that this Agreement is so terminated, the
ENGINEER shall be paid for services actually performed and reimbursable
expenses actually incurred prior to termination, except that reimbursement
shall not exceed the task amounts set forth under Paragraph IV above.
B A X T E R
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VII. TERM
This Agreement shall become effective as of the date the ENGINEER is
given a written Notice to Proceed and, unless terminated for cause or
pursuant to Article VI foregoing, shall expire on the date the DIRECTOR
• determines that all of the ENGINEER's work under this Agreement is
completed. A determination of completion shall not constitute a waiver of
any rights or claims which the CITY may have or thereafter acquire with
respect to any breach hereof by the ENGINEER.
VIII. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as
a result of action taken by the CITY, the ENGINEER shall give written
notice of his claim within fifteen(15)days after occurrence of such action.
No claim for additional compensation shall be valid unless so made. Any
changes in the ENGINEER's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER.
Regardless of the decision of the DIRECTOR relative to a claim submitted
by the ENGINEER, all work required under this Agreement as determined
by the DIRECTOR shall proceed without interruption.
IX. BREACH OF CONTRACT
If either party materially violates or materially breaches any term of this
Agreement, such violation or breach shall be deemed to constitute a default,
and the other party has the right to seek such administrative, contractual or
legal remedies as may be suitable to the violation or breach; and, in
addition, if either party, by reason of any default, fails within fifteen (15)
days after notice thereof by the other party to comply with the conditions
of the Agreement,the other party may terminate this Agreement.
X. INDEMNIFICATION
The ENGINEER shall indemnify and save harmless the CITY, its officers
and employees from and against any and all loss, liability and damages of
whatever nature, including Workmen's Compensation claims, in any way
resulting from or arising out of negligent actions or omissions of the
ENGINEER in connection herewith, including negligent actions or
omissions of employees or agents of the ENGINEER arising out of the
performance of professional services.
B A X T E R
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(iu.rrdtingErr;nors
XI. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of either party shall be
charged personally or held contractually liable under any term or provision
of this Agreement or because of their execution, approval or attempted
execution of this Agreement.
XII. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and
maintain in effect, during the term of this Agreement, a policy of
comprehensive general liability insurance with limits of at least
$1,000,000 aggregate for bodily injury and$1,000,000 aggregate for
property damage.
The ENGINEER shall deliver to the DIRECTOR a Certificate of
Insurance naming the CITY as additional insured. The policy shall
not be modified or terminated without thirty (30) days prior written
notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual
obligation assumed by the ENGINEER under Article X entitled
"Indemnification" shall be provided.
B. Comprehensive Automobile Liability. Comprehensive Automobile
Liability Insurance covering all owned,non-owned and hired motor
vehicles with limits of not less than $500,000 per occurrence for
damage to property.
C. Combined Single Limit Policy. The requirements for insurance
coverage for the general liability and auto exposures may be met with
a combined single limit of$1,000,000 per occurrence subject to a
$1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineer's
Professional Liability Insurance covering claims resulting from 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.
B A X T E
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XIII. CONSTRUCTION MEANS.METHODS.TECHNIQUES, SEQUENCES,
PROCEDURES, AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the
construction, unless specifically identified in the Scope of Services.
XIV. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this
Agreement, there shall be no discrimination against any employee or
applicant for employment because of sex, age,race, color, creed,national
origin, marital status, or the presence of any sensory, mental or physical
handicap,unless based upon a bona fide occupational qualification, and this
requirement shall apply to, but not be limited to, the following:
employment advertising, layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this
Agreement on the grounds of sex, race, color, creed, national origin, age
except minimum age and retirement provisions, marital status or the
presence of any sensory,mental or physical handicap. Any violation of this
provision shall be considered a violation of a material provision of this
Agreement and shall be grounds for cancellation, termination or
suspension, in whole or in part, of the Agreement by the CITY.
XV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon
the successors and the assigns of the parties hereto;provided,however,that
no assignment shall be made without the prior written consent of the CITY.
XVI. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the
terms, conditions and other provisions of this Agreement and the
ENGINEER shall remain liable to the CITY with respect to each and every
item condition and other provision hereof to the same extent that the
ENGINEER would have been obligated if it had done the work itself and
no assignment, delegation or subcontract has been made.
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XVII. NO CO-PARTNERSHIP OR AGENCY
It is understood and agreed that nothing herein contained is intended or
shall be construed to, in any respect, create or establish the relationship of
co-partners between the CITY and the ENGINEER, or as constituting the
ENGINEER as the general representative or general agent of the CITY for
any purpose whatsoever or to constitute an employment relationship
between the parties hereto.
XVIII. SEVERABILITY
The parties intend and agreed that,if any paragraph, subparagraph,phrase,
clause or other provision of this Agreement,or any portion thereof, shall be
held to be void or otherwise unenforceable, all other portions of this
Agreement shall remain in full force and effect.
XIX. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only
as a matter of convenience and for reference and in no way are they
intended to define,limit or describe the scope of intent of any provision of
this Agreement, nor shall they be construed to affect in any manner the
terms and provisions hereof or the interpretation or construction thereof.
XX. MODIFICATION
This Agreement and its attachments constitutes the entire Agreement of the
parties on the subject matter hereof and may not be changed, modified,
discharged or extended except by written change order duly executed by the
parties. Each party agrees that no representations of warranties shall be
binding upon the other party unless expressed in writing herein or in a duly
executed amendment hereof, or change order as herein provided.
XXI. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be
construed in accordance with the laws of the State of Illinois. Venue for
the resolution of any disputes or the enforcement of any rights pursuant to
this Agreement shall be in the Circuit Court of Kane County, Illinois.
BAXTER
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C.Iwadling Ln nrri<
XXII. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval
from the DIRECTOR, nor will the ENGINEER make public proposals
developed under this Agreement without prior written approval from the
DIRECTOR prior to said documentation becoming matters of public
record.
XIII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
XXIV. INTERFERENCE WITH PUBLIC CONTRACTING:
The ENGINEER certifies hereby that it is not barred from bidding on this
contract as a result of violations of 720 ILCS 5/33E et seq.
XXV. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual
harassment policies that include, at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative, and complaint process available
through the Illinois Department of Human Rights, and the Illinois
Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the
Human Rights Act.
A copy of the policies must be provided to the Department of Human
Rights upon request. 775 ILCS 5/1-101 et seq.
BAXTER
WOODMAN
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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.
XXVII. NOTICES
All notices,reports and documents required under this Agreement shall be
in writing and shall be mailed by First Class Mail, postage prepaid,
addressed as follows:
A. As to CITY:
JOHN LOETE,P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
DARREL R. GAVLE, P.E.
Baxter&Woodman,Inc.
8678 Ridgefield Road
Crystal Lake, Illinois 60012-2797
XXVII. PROTECTION AND RESTORATION OF PROPERTY
The Contractor shall take all necessary precautions for the protection of
public and private property. The contractor is responsible for the damage
or destruction of property resulting from neglect, misconduct or omission
in his manner or method of execution or non-execution of the work, or
caused by defective work or the use of unsatisfactory materials or
equipment, and such responsibility shall not be released until the work has
been completed and accepted and the requirements of these specifications
complied with.
Whenever public or private property is damaged or destroyed, the
contractor shall, at his expense, restore such property to a condition equal
A X T E
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to that which existed prior to such damage or injury by repairing,
rebuilding or replacing it as may be directed, or he shall otherwise make
good such damage or destruction in an acceptable manner. If he fails to do
so the City will withhold any payments towards completed work until
arrangements are made to correct any damage as described.
IN WITNESS WHEREOF, the parties hereto have caused the execution of this
Agreement by their duly authorized officers as of the day and year first above written.
BAXTER& WOODMAN,INC. CITY OF ELGIN,ILLINOIS
t �
By � GrE�_ By
yiee=President/��E / ity Manager
(SEAL) (SEAL)
ATTEST: ATTEST:
'&46-�--4,1.—e.,7 //71_,f.f/...L
Deputy Secretary Clerk
Attachment
JVA:mk 10/4/1999
H:IPROJ\ELGNC19906841engsvc.doc
B A X T E R
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WOODMAN
Cmishhin fi g;we3
ATTACHMENT A
CITY OF ELGIN, ILLINOIS
DUNDEE/SUMMIT AND SUMMIT/WAVERLY
INTERSECTION IMPROVEMENTS
PROJECT APPROACH
The primary benefit to obtaining federal funds is the cost participation by the FHWA. Most
major roadway construction projects, even at the local agency level, approach or exceed
S1,000,000. These costs can place a strain on a municipality's yearly operating budget.
While the cost saving benefits cannot be ignored, there are a few potential drawbacks,
including:
• A longer time frame from initiating engineering to construction.
• Additional engineering requirements.
• Following federal procedures for right-of-way or easement acquisition.
■ Additional construction costs due to more stringent design requirements.
The benefit of receiving 75 to 80 percent of construction and construction engineering costs
usually outweigh the drawbacks.
Our approach focuses on identifying accurate costs by selecting the roadway alternative and
avoiding the long IDOT review period through the preparation of a Design Concept Plan
(DCP).
Two key components of following federal procedures are understanding the approval process
and identifying accurate costs when applying for federal funds. Funds are usually capped
at 120 percent of the cost identified in the application for Surface Transportation Projects
(STP). Congestion Mitigation and Air Quality(CMAQ)projects are capped at the costs used
in the application. Additional costs over the cap limits are borne by the Municipality.
Our experience has taught us that IDOT prioritizes their personnel to review Phase I report
documents on federally funded projects. Projects with commitments for construction receive
a higher priority than projects scheduled in later years. Projects scheduled on a Council's
Multi-year B list receive the lowest priority. This situation was especially true on the Hopps
Road/Spring Street project,where we received review comments one year after submitting
the draft report. Since Hopps Road/Spring Street was listed on Kane County's Council of
Mayors' Multi-year B list, IDOT did not review the report promptly.
Since your intersection projects will not be listed on the Council of Mayors' project list for
some time, IDOT will not place any priority on reviewing the Phase I documents. Therefore,
B
A X T E R
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(on 11111110,'CT:1111,11
in an effort to identify more accurate costs with the selected roadway alternative and to avoid
long IDOT review periods, our approach to your project is to complete a DCP prior to the
City initiating Phase I and Phase II Engineering. The benefits to preparing a Design Concept
Plan and our approach follow:
Benefits to a Design Concept Plan
• Utilize City funds wisely. Determining the selected alternative during the DCP will
allow the City to make wise use of its dollars. For example, preparing the Plat of
Highways can vary greatly because the number of parcels to be acquired could be
zero or more than ten. The DCP will identify the most appropriate alternative, exact
number of parcels to acquire, and provide you with accurate fees prior to initiating
Phase I Engineering.
Another example is if Illinois Route 58 is widened to five lanes, then an
Environmental Class of Action Determination(ECAD)procedure will be required.
If the City elects not to spend its funds on a major state highway improvement, or
the selected alternative modifies the existing traffic signal equipment, then an ECAD
is not necessary.
These examples illustrate how the DCP can save the City money. By pinpointing the
definite work to be performed, the City can use its money wisely.
• Timely goals will be achieved. Your goal is to submit applications for federal
funding within one year, with possible construction in 2001.
If a Phase I report is submitted prior to the City receiving a commitment for federal
funding(either the STP or CMAQ programs seem appropriate),then the project will
fall into IDOT's"black hole", and the report will not be reviewed in a timely fashion.
When this occurs, the City, as well as Baxter&Woodman,Inc., will feel frustrated
due to a lack of progress.
On the other hand, continual progress will be made during the Concept Phase all the
way to completion. Once the decision is reached to proceed with the federal funding
on the selected alternative, the Phase I process will proceed faster since most of the
preliminary engineering will be completed and the project should have higher
priority with DOT. Your goal of construction in the year 2001 is more likely,
depending on funding availability and right-of-way acquisition constraints.
• Federal funding could potentially be used for Phase I and Phase H Engineering.
Both the Kane County Council of Mayors' STP program and the CMAQ program
allow the use of federal funds for engineering. One way for the City to receive a
higher ranking for construction of a federal project is to commit additional City funds
B A X T E R
- 2 -
WOODMAN
CohwitiutI.tr t,
over the minimum percentage of construction (25 percent for STP projects and 20
percent for CMAQ projects). The additional City commitment could be offset by
receiving federal funds for Phase I and Phase II Engineering.
• More accurate cost estimate will be developed for initiating the federal funding
applications because we will identify all design parameters before applications
are submitted.
• Phase I Engineering will start with the selected alternative. One of the early steps
on a federally funded project is the initial coordination meeting with IDOT and the
FHWA. Knowing the project objectives at this stage assists DOT in determining
procedure requirements and will streamline the review process.
We believe the benefits of preparing a DCP for the City of Elgin are substantial. The
following Scope of Services to prepare the DCP includes:
Scope of Services
• Collect detailed topographic surveys of both intersections.
• Collect current 24-hour traffic counts and peak hour turning movement counts.
• Prepare an Accident Analysis based on the last 3-year accident history.
• Prepare a drainage analysis identifying existing drainage conditions and proposed
stormwater improvements.
• Develop a minimum of 3 intersection alternatives with capacity analysis.
• Prepare cost estimates for each alternative.
• Meet with City Staff, as needed, to review alternatives, obtain their input and gain
concurrence of the selected improvement alternative.
• Prepare exhibits of each alternative.
• Meet with IDOT to review the selected alternatives.
• Attend one public information meeting.
• Prepare STP or CMAQ funding applications.
B A X T E R
- 3 - Pr%
WOODMAN
Col)sal;;,•'fmmrc,,
Near the completion of the DCP, engineering fees can be negotiated for the next step-Phase
I and Phase II Engineering.
Phase I and Phase II engineering services will be reduced after completion of the DCP.
Many of the tasks completed with the DCP can be utilized in Phase I and II Engineering,
such as:
✓ survey work,
✓ traffic and peak hour turning movement counts,
✓ accident analysis,
✓ drainage analysis,
✓ cost estimates, and
✓ proposed geometry.
We are committed to using your money wisely and will not duplicate our efforts.
BAXTER
4
WOODMAN
(brnufling L),_inrn,
ATTACHMENT B
CITY OF ELGIN, ILLINOIS
DUNDEE/SLMNIIT AND SUIvIMIT/WAVERLY
INTERSECTION IMPROVEMENTS
PROJECT MILESTONE SCHEDULE
Submit STP application for Dundee/Summit Intersection October 14, 1999
Obtain Field Surveys and Collect Data November 1 to December 1, 1999
Develop alternatives and prepare cost estimates December 1, 1999 to March 1, 2000
Meet with City to review alternatives March 1, 2000
Submit CMAQ application for Summit/Waverly Intersection March 5, 2000
Conduct Public Information Meeting April 15, 2000
Prepare Phase I Report for Dundee/Summit Intersection 3-15-2000 to 10-15-2000
Prepare Phase I Report for Summit/Waverly Intersection 3-15-2000 to 3-15-2001
Approval of Phase I Reports contingent upon IDOT/FHWA review.
- P®BAXTER
WOODMAN
l:n,xalrrr�LfnL� rrn
£ x ;,'11311 ?
CITY OF ELGIN, ILLINOIS
DUNDEE/SUMMIT AND SUMMIT/WAVERLY
INTERSECTION IMPROVEMENTS
ENGINEERING SERVICES AGREEMENT
AMENDMENT NO. 1
THIS AGREEMENT AMENDMENT NO. 1 entered into this 30 day of f}VG, 2001,by
and between the CITY OF ELGIN, an Illinois Municipal Corporation (hereinafter referred to as
"CITY"), and Baxter&Woodman,Inc., an Illinois Business Corporation(hereinafter referred to as
"ENGINEER"), shall modify that Agreement dated November 4, 1999, whereby the ENGINEER
was engaged by CITY to perform certain professional services in connection with the preliminary
design of the Dundee/Summit and Summit/Waverly Intersection Improvements (hereinafter referred
to as "PROJECT").
WHEREAS, the services did not include additional final design services for the
Summit/Waverly Intersection Improvements,
AND
WHEREAS, the CITY desires the ENGINEER to provide final design services for said
intersection improvements,
AND
WHEREAS, the services did not include bid assistance services for the Summit/Waverly
Intersection Improvements,
AND
WHEREAS, the CITY desires the ENGINEER to provide bid assistance services for said
intersection improvements,
AND
WHEREAS, the CITY desires to include the payments to the ENGINEER under the
greement in connection with the final design and bidding of the intersection improvement project.
In response to these additional services, certain revisions must be made to the Agreement.
In compliance, therefore, the terms and conditions of the Agreement are modified as specifically
set out below. All other parts of the Agreement remain unchanged.
_ 1 _ B A X T E R
WOODMAN
Consult:ng t+r dn∎„-c
SECTION LB. of the AGREEMENT, is hereby further amended as follows:
New PARAGRAPHS B.3 and B.4 are hereby added to read as follows:
3. Preparation of the Final Design Documents for the Summit/Waverly
Intersection Improvements.
4. Performance of bid assistance services for the Summit/Waverly Intersection
Improvement project.
A Cost Estimate of Consultant Services for the services described in the foregoing
PARAGRAPHS B.3 and B.4 is attached hereto as Attachment b.
SECTION IV.A. of the AGREEMENT is hereby deleted and replaced with the following:
A. The CITY shall reimburse the ENGINEER for professional services described in
Paragraphs I.B.1 through I.B.4, based on the ENGINEERS' hourly rates of
compensation for work time performed plus expenses. The ENGINEERS' fee
including reimbursable expenses shall not exceed$171,000,regardless of actual costs
incurred by the ENGINEER unless substantial modifications to the PROJECT are
authorized in writing by the CITY.
SECTION IV.B. of the AGREEMENT is hereby deleted and replaced with the following:
B. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within thirty (30) days after receipt and approval of invoice. The total value
of said periodic payments to the ENGINEER shall not exceed the amounts shown in
the following schedule, and the final payments for each task shall not be made until
the task is completed and accepted by the DIRECTOR.
Original Amendment
Agreement No. 1 Sub-Total
1. Design Concept Plan $70,000 $0 $70,000
2. Phase I Project $36,000 SO $36.000
Development Report
3. Final Design and Bid $0 $65,000 $65.000
assistance—
Summit/Waverly
TOTAL $106,000 $6 ,000 $171,000
BAXTER
4111‘ 4
WOODMAN
C.mntuhing EnErnrrrt
SECTION IV.C. of the AGREEMENT is hereby deleted and replaced with the following:
C. The ENGINEER shall make necessary arrangements and employ qualified
subconsultants, subject to approval of the DIRECTOR, for the following work:
Original Amendment
Agreement No. 1 Sub-Total
1. Geotechnical and soils $4,000 SO $4,000
investigations
2. Registered Land Surveyor $7,000 $10,900 $17,900
3. Title Commitments SO $5,200 $5,200
TOTAL $11,000 $16,100 $27,100
The CITY shall reimburse the ENGINEER for the direct cost of the above
professional subconsultant services, an amount not-to-exceed Twenty Seven
Thousand One Hundred Dollars ($27,100)without a modification to this agreement
by a change order or amendment.
SECTION IV.D. of the AGREEMENT is hereby deleted and replaced with the following:
D. The total payments by the CITY under this agreement under paragraphs IV.A and
IV.0 shall not exceed One Hundred Ninety Eight Thousand One Hundred Dollars
($198,100) unless this agreement is modified by a change order or amendment.
All other provisions of the AGREEMENT shall remain in full force and effect.
- 3 - BAXTER
WOODMAN
ConsullingEnanem
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and
executed this Agreement in triplicate as though each copy hereof was an original and that there are
no other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN, ILLINOIS
By , At .• . By. ( L, 4.1�
City Clerk / City Manager
(SEAL)
For the ENGINEER:
Dated the:3') day of H .u.. , A.D., 2001.
ATTEST: BAXTER & WOODMAN, INC.
/
r
Secretary President/CEO
(SEAL)
Attachment
JVA:py 04'23/01
JVA:mk 07/26/01
P ROJIELGNC\990684\A M ENDMENT NO.1.doc
D A X T E R
WOODMAN
Gm mkivg Eutmn.rcx
.
Work Item Proj. Sr. Proj. CADD Junior Tech. Seer. Item Engineering
Prin. Eng. Eng. Eng. Total Fee
;Administration and Meetings 201 10 0 5 35 $ 3,360
'Traffic Signal Plans 60 0 20 85 0 165 5 12,900
?D rain age and Utility Plans 40 20 30 90 5 7.080
!Geometric and Grading Plans 51 25 30 80 160 201 5 325 S 24,155
{Pavement Marking Plans 5 0 1U 10 25 5 1.940
!Specifications 01 5 10 0 70 5 40 S 2,910
IF inal P-S..S.:.E.and MOT Permit Review 15 15 45 15 40 1 130 5 10.745
--- ' '
;
1Svbmnsxdmuu/ \ ----
____ _
!Ti/leCvnun'uncuu(13xSw0= 55.200) | ' -
. .__---___�
W
prifi.
WOODMAN
Cm:milting Lop mr.
EXhiEiT 3
CITY OF ELGIN, ILLINOIS
DUNDEE/SUMMIT AND SUMIvIIT/WAVERLY
INTERSECTION IMPROVEMENTS
ENGINEERING SERVICES AGREEMENT
AMENDMENT NO. 2
THIS AGREEMENT AMENDMENT NO. 2 entered into this a i day ofd, 2003,by
and between the CITY OF ELGIN, an Illinois Municipal Corporation (hereinafter referred to as
"CITY"), and Baxter& Woodman, Inc., an Illinois Business Corporation (hereinafter referred to as
"ENGINEER"), shall modify that Agreement dated November 4, 1999, and amended on August 30,
2001 whereby the ENGINEER was engaged by CITY to perform certain professional services in
connection with the preliminary design of the Dundee/Summit and Summit/Waverly Intersection
Improvements (hereinafter referred to as "PROJECT").
WHEREAS, the services did not include additional construction-related services for the
Summit/Waverly Intersection Improvements,
AND
WHEREAS, the CITY desires the ENGINEER to provide construction-related services for
said intersection improvements,
AND
WHEREAS, the CITY desires to include the payments to the ENGINEER under the
Agreement in connection with the engineering services provided during construction of the
intersection improvement project.
In response to these additional services, certain revisions must be made to the Agreement.
In compliance, therefore,the terms and conditions of the Agreement are modified as specifically set
out below. All other parts of the Agreement remain unchanged.
SECTION I.C. of the AGREEMENT, is hereby added as follows:
C. The construction-related services to be performed under this Agreement shall consist
of the following:
1. General Construction Administration and Resident Project Representative
services for the Summit/Waverly Intersection Improvements, ENGINEER's
Project No. 9906S4.
�B A X T E R
- 1 -
L®
WOODMAN
Corz+u1 ng Enginerr
2. Additional services for the Summit/Waverly Intersection Improvements,
provided after the original construction contract final completion date, or in
regards to warranty work by the Contractor.
A detailed fee breakdown for the additional services described in the foregoing
PARAGRAPHS C.1 is attached hereto as Attachment C.
SECTION N.A. of the AGREEMENT is hereby deleted and replaced with the following:
A. The CITY shall reimburse the ENGINEER for professional services based on the
ENGINEERS' hourly rates of compensation for work time performed plus expenses.
1. The ENGINEERS' fee including reimbursable expenses for services described
in Paragaphs I.B.I through I.B.4 and I.C.1 shall not exceed S280,688,
regardless of actual costs incurred by the ENGINEER unless substantial
modifications to the PROJECT are authorized in writing by the CITY.
?. The ENGINEER's fee for the additional services described in paragraph I.C.2
for the Summit/Waverly Intersection Improvements shall be based on the
ENGINEER's hourly rates of compensation for work time performed plus
expenses.
SECTION IV.B. of the AGREEMENT is hereby deleted and replaced with the following:
B. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within thirty(30) days after receipt and approval of invoice. The total value
of said periodic payments to the ENGINEER shall not exceed the amounts shown in
the following schedule, and the final payments for each task shall not be made until
the task is completed and accepted by the DIRECTOR.
Original Amendment Amendment
Agreement No. 1 No. 2 Sub-Total
1. Design Concept Plan 570.000 $0 $0 S70.000
2. Phase I Project 536,000 $0 $0 S36.000
Development Report
3. Final Design and Bid $0 $65,000 $0 565.000
Assistance-
Summit/Waverly
4. Constructed Related $0 SO $109.688 5109.688
Services Summit Waverly
TOTAL S106,000 565.000 $109,688 S280.688
B A X T E
- 2 -
W000I`P.N
Gmlulux LI,t7'-rt
SECTION N.C. of the AGREEMENT is hereby deleted and replaced with the following:
C. The ENGINEER shall make necessary arrangements and employ qualified
subconsultants, subject to approval of the DIRECTOR, for the following work:
Original Amendment Amendment Sub-
Agreement No. 1 No. 2 Total
1. Geotechnical and $4,000 SO $0 $4,000
soils investigations
2. Registered Land $7,000 $10,900 $0 S17,900
Surveyor
3. Title Commitments SO $5.200 SO 55.200
4. Material Testing SO SO 511.312 511,312
TOTAL $11,000 $16,100 511,312 $38,412
The CITY shall reimburse the ENGINEER for the direct cost of the above
professional subconsultant services, an amount not-to-exceed Thirty-Eight Thousand
Four Hundred Twelve Dollars(S38,412)without a modification to this agreement by
a change order or amendment.
SECTION N.D. of the AGREEMENT is hereby deleted and replaced with the following:
D. The total payments by the CITY under this agreement under paragraphs IV.A and
IV.0 shall not exceed Three Hundred Nineteen Thousand One Hundred Dollars
($319,100) unless this agreement is modified by a change order or amendment.
All other provisions of the AGREEMENT shall remain in full force and effect.
A X T E R
3 -
iirB �
WOODMAN
CnnsultingEt-p'
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and
executed this Agreement in triplicate as though each copy hereof was an original and that there are
no other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN, ILLINOIS
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated the,iE' day o�€: 6.. _ , A.D., 2003.
ATTEST: BAXTER& WOODMAN, INC.
By By
Secretary President/CEO
(
Attachment
JVA:css 02:11/03
\BAXTER'SEC\PROJ\ELQNC!990684\AMENDMENT NO 2.doc
B A X T E R
WOODMAN
Cmsulling Engnnrrrs
ATTACHMENT C
Client: ELGNC 1-7-02 rev. MLD
Project: Summit and Waverly Drive, Section 02-00171-00-CH
Job#990684 (Construction Engineering)
Date: January 6, 2003. Expected Service from: April 15, 2002 to August 15 2002
Working Days: 60 78 Actual days worked
Calendar Days:
Survey Stakeout: Persons Days Hours Tot. Hours Cost
Rate$84.00/hr Survey Stakeout: 0 0 0 0 so
Rate 65.00/hr Control I 2 3 10 60 $3,900
Rate S45.00/hr Survey Stakeout: 0 0, 0 0 so
31% of Cons cost Survey Sub-Total 180 $3,900
Rate$84.00/hr ,Inspection:
60 % of Cons cost Daily 1 60 8 480
Overtime 1 60 2 120_
OT Rate 1 60 1 60
Daily 1 18 8 144
Overtime 1 0 0 0 667,536
Rate$84.00/hr inspection: Saturdays 1 5 8 40
OT Rate 1 5 4 20 s5,040
Inspection Sub-Total 864 S72,576
I. Survey and Inspection Totals 1,044 $76,476
Rate $96.00/hr GCA: 'Days Hours Tot. Hours
25 % of Cons cost Letting & CDoc. 10
Precon. & Min. 1 10
Site Visits' 6 4 24
Phone Questions 60 0.5 30
Pay Estimates 5 5 25
Designer Time 156
Change Orders 25
Project Closeout 15
Meetings&Admin 25
Construction Administration Totals 320 $30,720
—1 -
Total Labor Hrs ( 1,364
Total Labor Costs 1 S107.196
l .
Summary of Costs Pages 1-2
Approx.Engr Con. Est. 1,175,642
Labor 107,196
Mileage 2,492
Mat.Test 11,312
Total Con. Engr. Cost S 121.000
Percent cost of Con. Engr. 10.29%
•
FXHtt3'r
Ejt-
RECEIVED E '
CITY OF ELGIN, ILLINOIS JAN 5 2006 .
DUNDEE/SUMMIT AND SUMMIT/WAVERLY
INTERSECTION IMPROVEMENTS G )r p &WOODMAN
ENGINEERING SERVICES AGREEMENT
AMENDMENT NO. 3
THIS AMENDMENT AGREEMENT NO. 3 is hereby made and entered into this Jo day
of A-u p S- 2005, by and between the City of Elgin, Illinois, a municipal corporation,
hereinafter referred to as"CITY", and Baxter&Woodman,Inc.,an Illinois Business Corporation,
hereinafter referred to as "ENGINEER".
WHEREAS,the parties hereto have previously entered into an Agreement dated November
4, 1999("ORIGINAL AGREEMENT"),which was amended on August 30,2001 ("AMENDMENT
NO. 1"); and amended again on March 24, 2003 ("AMENDMENT NO. 2"), attached hereto as
Exhibits 1,2 and 3 respectively; and
WHEREAS,the parties hereto have each determined it to be in their best interests to further
amend ORIGINAL AGREEMENT; and
WHEREAS, the Dundee/Summit and Summit/Waverly Intersection Improvements which
forms the basis of the Original Agreement is progressing to the final design phase for the
Dundee/Sumrnit Intersection; and
WHEREAS, the CITY has requested the ENGINEER to provide additional preliminary
design tasks and final design services for the Dundee/Summit Intersection Improvements; and
provide additional design tasks and additional construction engineering services for the
Summit/Waverly Intersection Improvements; and
WHEREAS,the circumstances necessitating the change in performance contemplated by this
Amendment Agreement Number 3 were not reasonably foreseeable at the time ORIGINAL
AGREEMENT, AMENDMENT NO. 1, or AMENDMENT NO. 2 were signed; the change
contemplated by this Amendment Agreement is germane to the ORIGINAL AGREEMENT,
AMENDMENT NO. 1,and AMENDMENT NO.2 as signed;and this Amendment Agreement is in
the best interests of City and is authorized by law.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the sufficiency of which is hereby mutually
acknowledged, the parties hereto hereby agree as follows:
1. The above recitals are hereby incorporated into and made a part of this agreement.
_ 1 _ BAXTER
WOODMAN
2. SECTION I.B. of ORIGINAL AGREEMENT, is hereby amended to add new
PARAGRAPH B.5 to read as follows:
"5. Preparation of the Final Design Documents for the Dundee/Summit Intersection
Improvements. A Cost Estimate of Consultant Services described in the foregoing
PARAGRAPHS B.5 is attached hereto as Attachment D."
3. SECTION ILA. of ORIGINAL AGREEMENT is hereby amended to read as follows:
Project Completion Dates for Summit/Dundee Final Design Engineering:
Amendment No. 3 Approval August 15,2005
Kick-off Meeting with City August 22, 2005
• Preliminary Plans to IDOT and City for Review January 15, 2006
Address DOT and City comments February 28, 2006
Submit Final Plans to IDOT March 6, 2005
ROW Cleared by IDOT April 12, 2006
IDOT Approval April 14, 2006
Advertise for bids May 12, 2006
Bid Letting June 16, 2006
Begin Construction August 1,2006
4. SECTION IV.A. of ORIGINAL AGREEMENT is hereby amended to read as follows:
"For services provided, ENGINEER shall be paid at the rate of the ENGINEERS' hourly
rates of compensation for work time performed plus expenses, with the total fee not to
exceed$487,378, of which amount not more than$168,278 shall be paid for all additional
services contemplated by Amendment Agreement Number 3 between the parties hereto,
dated ,2005,unless substantial modifications to the PROJECT are authorized in
writing by the CITY."
5. SECTION N.B. of'ORIGINAL AGREEMENT is hereby amended to read as follows:
"B. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within thirty(30)days after receipt and approval of invoice.The total value
of said periodic payments to the ENGINEER shall not exceed the amounts shown in
the following schedule,and the final payments for each task shall not be made until
the task is completed and accepted by the DIRECTOR.
2 - B A X T E R
WOODMAN
Engineering Services
Cum Cum Cum
Original Amend. % Amend % Amend °!a
Agreement No.1 Change No. 2 Change No.3 Change Subtotal
1. Design Concept
Plan $ 70,000 $ 0 0 $ 0 0 $0 0 $ 70,000
2. Phase I Project
Development
Report
(Summit/Dundee) $ 36,000 $ 0 0 $ 0 0 $ 16,147 45% $ 52,147
3. Final Design and
Bid Assistance-
Summit/Waverly $ 0 $65,000 -- $ 0 -- $ 17,824 -- $ 82,824
4. Construction
Related Svcs
Summit/WaverIy $ 0 $ 0 0 $109,688 - $ 12,670 -- $122,359
5. Final Design
(Dundee/Summit) $ 0 $ 0 0 $ 0 0 $ 91,056 -- $ 91,056
TOTAL $106,000 $65,000 61% $109,688 165% $137,698 295% $418,386
6. SECTION N.C. of ORIGINAL AGREEMENT is hereby amended to read:
"C. For any services provided by any other entities, firms or subconsultants retained by
ENGINEER pursuant to this agreement,CITY shall pay to ENGINEER the invoiced
fees of such other firms,entities or subconsultants,provided,however,that any such
fees shall be included in and shall not exceed the above-referenced amounts in
Section IV.A. hereto. A breakdown of these fees is shown below:
Subconsultant Services
Original Amend. Cum% Amend Cum % Amend. Cum% Sub-
Agreement No.1 Change No.2 Change No.3 Change Total
1. Geotechnical and
soils investigations $ 4,000 $ 0 0 $ 0 0 $ 0 0 $ 4,000
2. Registered Land
Surveyor $ 7,000 $10,900 156% $ 0 0 $ 8,952 284% $26,852
3. Title Commitments $ 0 $ 5,200 0 $ 0 0 $ 4,140 0 $ 9,340
4. Material Testing $ 0 $ 0 0 $11,312 0 $ 3,244 0 $14,556
5. Court Reporter $ 0 $ 0 0 $ 0 0 $ 184 0 $ 184
6. Phase I/II •
Environmental Site
Assessment $ 0 $ 0 0 $ 0 0 $14,060 0 $14,060
TOTAL $22,000 $32,200 146% $ 3 249% $11,315 528% $ 292
' 'f,on° q, _cc ?n 1V,,t 7_ 4)30580 2b(FEiiat-
- 3 BAXTER
Illr
41100
WOODMAN
7. SECTION N.D. of ORIGINAL AGREEMENT is hereby deleted.
8. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect except as
specifically modified herein or by amendment agreements Number 1 or 2.
BAXTER&WOODMAN,INC. CITY OF ELGIN,ILLINOIS
By
President/CEO i Mana.er
2G, 7o0-c �\ M
e of Signature Date of Signature
(SEAL) (SEAL)
ATTEST: ATTEST:
p.- Secretary City Clerk
Attachment
JJF:py 07/26/05
H:IPROJIELGNC\9909811AMENDMENT NO 3.doc
- 4 - B A X T E R
WOODMAN
9
, CITY OF ELGIN,ILLINOIS 1 1 1
SUMMIT/DUNDEE AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS
ENGINEERS JOB NUMBER:990684 j
AUGUST 12,2003,updated 7/18105
JASON J.FLUHR,P.E.
ATTACHMENT D (Sheet 1 of 2) 1
Cost Estimate of Consultant Services-Addendum No.3
Project Senior Project ,CARD Junior Secretary Item Total 'Engineering
Principal Engineer Engineer Engineer Manhours Fee
Bitting Rates $140. $96.. $88 $86 $76 $50
Work Item 1 I i
Administration and Meetings 12 15 5 32 $3,430
Summary of Quantities 10 2 20 32 $2,572.
Plan Details 10 10 _ 20 $1,740_
Traffic Control Plans 1 10 5 16 $1,450
Erosion Control Plan 10 5 15 $1,310
Vertical Design 30 10 40 $3,500
Utility Coordination 1 6 5 12 $1,048
Drainage and Utility Plans 2 80 80 162 $14,200
Geometric and Grading Plans 2 40 40 82 $7,240
Traffic Signal Plans 3 2 90 50 145 $12,832
Alignment and Ties 2 4 10 16- $1,280'
Pavement Marking Plans _ 5 10 15 30 $2,440
Cross Sections 1 20 20 41, $3,620
$.ecial Provisions 3 2 20 30 30_,___ 85, $6,152
Estimate of Cost 2 5 10 17 $1,480
Kane Co.Stormwater Management/NPDES 1 2 20 _ 23 $2,092
IDOT Review 2 40 40 82 $7,240
Final Plans,Spec.'s,and Estimate 2 20- 20 42 $3,760
ROW/Easement Coordination 5 10 10 25, $2,440
Phase I/II Site Assessment(cleaners) 2 90 8 12 5 117' $10,906'
TOTALS 39, 96 451 323, 9Q. 35 1,034 $90,732.
Vehicle Expense = $324
,Total Engineering Fee(Summit and Dundee Phase II)_ $91,056
B A X T E R
Elil:\ELGNC19906641Amendment No 3\Amendment 3 Attach D.xis
WOODMAN
. . ,
•
ATTACHMENT D (Sheet 2 of 2)
Additional Items outside of scope•Engineering TAIL.%
Summit and Dundee Intersection
Task From To Hours Total
Analyze"Current Design"vs."Ultimate Design"(with no variances) 7/9/2002 2/22/2003 50.5 $3,648
Revise ROW taking,roadway frontage features due to Dunkin 9/6/2003 10/18/2003 5.5 $440
Donuts and CVS redevelopment
Update IDS with new traffic projections 12/14/2003 12/27/2003 20.75 $1,743
Public Hearing for Gifford St closure 2/8/2004 3/6/2004 47.5 $4,150
Alternate Geometry Studies(McDonald's) 4/4/2004 3/3/2005 69.5 $6,166
Subtotal 193,75 $16,147
Summit and Waverly Intersection
Task From To Hours Total
Sidewalk design changes 1/13/2001 2/16/2002 172 $13,227
•
Variance for substandard drop lane(east of Waverly) 6/2/2002 6/15/2002 38.25 $2,740
Temporary interconnect on Summit and Waverly 5/19/2002 9/30/2002 24 $1,857
Construction Engineering Services•Sidewalk changes 1/1/2004 5/1/2005 140 $12,671
Subtotal 374.25 $30,495
TOTAL OUT OF SCOPE ENGINEERING ITEMS $46,642
a a.-
Additional Items outside of scope•Subconsultant Tasks
Surtunit and Dundee Intersection
Task Total
Registered Land Surveyor $8,952 _.
Title Commitments $4,140
Court Reporter $184
Subtotal $13,276
Summit and Waverly Intersection
Task Total
..
•
Material Testing $3,244
Subtotal $3 244
1
TOTAL OUT OF SCOPE SUBCONSULTANT SERVICE ITEMS I 1 S16,520
Total Out of Scope Subconsultant Cost(previous work)= $16,520
Total Out of Scope Engineering Cost(previous work) = $46,642
[ I 1
Total Subconsultant Cost for Summit/Dundee Ph.II Design= $14,060
(Site Assessment I
I _ _
Total Engineering Fee(Summit/Dundee Phil from Sheet 1)= $91,056
TOTAL ADDENDUM 3 ._ i i $168,278
BAXTFR
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RIAN
CITY OF ELGIN, ILLINOIS
DUNDEE/SUMMIT AND SUMMIT/WAVERLY
INTERSECTION IMPROVEMENTS
EXHIBIT 5
SCOPE OF SERVICES
1. DESIGN CONCEPT PLAN
• Prepare a design concept plan of a modern roundabout at the intersection of
Summit Street and Dundee Road, including completing a cost comparison
between a roundabout and traffic signals, preparing a memorandum to CITY
staff regarding changing the PROJECT scope to include a roundabout,
preparing a scope change request letter to the Kane/Kendall Council of
Mayors (KKCOM), attending one CITY Staff meeting and one CITY Council
meeting, and attending one meeting with IDOT and KKCOM staff to discuss
the scope change.
2. (TR160) PROJECT DEVELOPMENT REPORT AMENDMENT
• (TR100) MANAGE PROJECT—Plan, schedule, and control the activities that
must be performed to complete the PROJECT including budget, schedule, and
scope. Confer with CITY staff, from time to time, to clarify and define the
general scope, extent and character of the PROJECT and to review available
data. Prepare and submit monthly invoices and coordinate invoices from sub-
consultants. Attend one kick-off meeting with the CITY to review the
PROJECT and establish PROJECT criteria and establish clear lines of
communication, and up to three progress meetings to review the Plans,
Contract Proposal and Estimate of Cost prior to submittal to the Illinois
Department of Transportation (IDOT), hereby referred to as DEPARTMENT.
Attend up to two coordination meetings with IDOT and the Federal Highway
Administration, one meeting with the KKCOM, and one meeting with the
Chicago Metropolitan Agency for Planning to approve the proposed scope
change.
• (TR550) TOPOGRAPHIC SURVEY - Perform topographic surveys to
supplement the previously collected topographic survey and incorporate
changes to the surrounding land since the last topographic survey was
collected.
• (TR420) TRAFFIC COUNTS - Collect 24-hour traffic counts with peak hour
turning movement counts at the intersection of Summit Street and Dundee
Road to be analyzed for the modern roundabout design. Coordinate with the
Chicago Metropolitan Agency for Planning for concurrence with traffic
projections.
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•
• (TR410) AGENCY COORDINATION — Send updated Notification to the
necessary officials of the Post Office and Police and Fire Departments. Notify
and coordinate the proposed improvements with utility companies.
• (TR450) ACCIDENT ANALYSIS — Acquire recent accident data. Review
accident records and update the accident analysis in the report. Provide
accident countermeasures, where necessary.
• (TR540) PRELIMINARY GEOMETRIC PLANS - Prepare the pavement
design and geometric plan and profile design for the proposed roundabout
construction.
• (TR560) INTERSECTION DESIGN STUDY - Prepare an Intersection Design
Study at the intersection of Summit Street and Dundee Road for a modern
roundabout design including: traffic projections, capacity analyses, and
Autoturn analyses of the intersection geometry.
• (TR730) DRAINAGE ANALYSIS - Perform an analysis of the existing
drainage system, an analysis of existing storm sewer outlets, an evaluation of
the need for storm water detention, and the proposed hydraulic design.
Prepare the storm sewer design for the proposed improvements.
• (TR600) ENVIRONMENTAL ANALYSIS - Prepare the Environmental
Survey Request Form for the additional proposed right-of-way within the
PROJECT with all associated exhibits.
• (TR525) PROJECT DEVELOPMENT REPORT - Revise the previously
approved Local Project Development Report for Group II Categorical
Exclusion in accordance with the requirements from the DEPARTMENT and
the Federal Highway Administration and submit the revised report for
approval.
• (TR670) PUBLIC INVOLVEMENT - Prepare advertisement, exhibits,
handouts, SYNCHRO analysis of the proposed roundabout design and attend
one Public Information Meeting. Prepare meeting minutes to document public
comments. Prepare mailings to property owners identified for need of land
acquisition.
3. (TR190) FINAL PLANS, SPECIFICATIONS, AND ESTIMATE OF COST
• (TRIOS) CONSTRUCTION DELAY COORDINATION — Due to the bid
letting delay of the original traffic signal design, additional costs were
incurred including: updating final bidding documents to current standards
after final documents had been previously submitted and reviewed; updating
KKCOM Project Update Forms; reviewing alternative designs by McDonald's B A X T E R
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engineer to maintain full access at McDonalds; and coordinating the revised
schedule with KKCOM, IDOT Bureau of Local Roads, IDOT Bureau of Land
Acquisition, IDOT Bureau of Traffic, and the CITY.
• (TR660) GEOTECHNICAL REPORT — Employ the services of a
geotechnical subconsultant to perform 10-foot pavement borings at 300-foot
spacing on alternating sides of the pavement centerline. The geotechnical
consultant will provide an analysis of the cores/ borings and a soils report in
accordance with the requirements of the DEPARTMENT.
• (TR690) CROSS SECTION DESIGN - Design roadway cross sections at 100-
foot intervals and at all cross streets and driveways. Compute earthwork
calculations.
• (TR870) STREET LIGHTING PLANS — Prepare photometric calculations,
general lighting layout, lighting plans, and electrical details.
• (TR830) PAVEMENT MARKING AND SIGNAGE PLANS - Develop a
proposed pavement striping and signage plan for the proposed improvements.
• (TR840) STREETSCAPE ! LANDSCAPE PLANS - Design landscape trees
and plantings for proposed planting areas and the replacement of parkway
trees removed during construction. Develop streetscape details for proposed
streetscape amenities and brick paver patterns.
• (TR750) IRRIGATION DESIGN - Design of an irrigation system that will
supply landscaped areas within the proposed improvements with water.
• (TR780) PROJECT DETAILS AND STANDARDS —Prepare a Cover Sheet,
Typical Sections, Design Details, Erosion Control Plans, Summary of
Quantities, and DEPARTMENT Standard Detail sheets. Prepare alignment
and ties sheet and set field alignment control.
• (TR790) MAINTENANCE OF TRAFFIC PLAN — Prepare construction
staging notes, typical sections, and a detour plan to maintain local traffic flow
through the PROJECT construction zone.
• (TR170) HIGHWAY PLATS - Identify necessary temporary easements and
right-of-way acquisition required to complete the proposed improvements,
which are in addition to those already identified from the previously designed
improvements. Perform up to three (3) legal surveys and develop plats, legal
descriptions, and title commitments for those additional parcels of land to be
acquired for right-of-way or temporary construction easements.
• (TR640) ROW APPRAISALS AND NEGOTIATIONS - Employ the services
of a real-estate appraiser certified by the DEPARTMENT to prepare a B A X T E R
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comparable land sales analysis and appraisals for up to three (3) parcels of
land, to be acquired for right-of-way or temporary construction easements,
which are in addition to those already identified from the previously designed
improvements. Employ the services of a negotiator certified by
DEPARTMENT to negotiate the sale of up to three (3) parcels of land, to be
acquired for right-of-way or temporary construction easements, which are in
addition to those already identified from the previously designed
improvements.
• (TR700) QC / QA — Perform an in-house peer review and constructability
review of the pre-final plans, specifications, and estimates of cost for the
PROJECT.
• (TR720) FINAL CONTRACT PLANS AND CONTRACT PROPOSAL -
Prepare contract documents consisting of Plans, Special Provisions, and
Engineer's Estimate of Probable Construction Cost and submit these
documents to the DEPARTMENT for a state letting. Make any necessary
changes to the documents as required by the DEPARTMENT in order to
secure approval.
I:\ELGNC\990684\Agreement\Ammendment No 4\Exhibit 5 -Scope.doc
B A X T E R
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CITY OF ELGIN,ILLINOIS 1___-- __. _
SUMMIT/DUNDEE AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS
ENGINEER'S JOB NUMBER:990684
APRIL 14,2008
JASON J.FLUHR,P.E.
EXHIBIT 6 1
Cost Estimate of Consultant Services-Addendum No.4
SENIOR 1 PROFESSIONAL ITEM TOTAL OUTSIDE ENGINEERING
PRINCIPAL ENGINEER ENGINEER CADD SURVEYOR LAND SURVEYOR SECRETARY MANHOURS SERVICES FEE
Billing Rates $160 $112 $100 $90 $80 $112 $58_
Work Item J.
PHASE I PROJECT DEVELOPMENT REPORT AMENDMENT
MANAGE PROJECT 20 140 10 170 $19,460
TOPOGRAPHIC SURVEY 3 20 45 68 $5,700
TRAFFIC COUNTS 5 15 20 $2,060
AGENCY COORDINATION 15 5 5 25 $2,240
ACCIDENT ANALYSIS 5 20 5 30 $3,010
PRELIMINARY GEOMETRIC PLANS 120 80 200 $20,640
INTERSECTION DESIGN STUDY 80 80 160 $16,160
DRAINAGE ANALYSIS 10 60 25 95 $9,370
ENVIRONMENTAL ANALYSIS 20 5 5 30 $2,740
PROJECT DEVELOPMENT REPORT 15 55 10 15 95 $8,950
PUBLIC INVOLVEMENT 10 60 12 10 5 - 97 $10,710
SUBTOTAL 30 435k 200 240 45 40 990 $101,040
VEHICLE EXPENSES-TRAVEL,1010 MI @$0.505/MILE $510
TRAFFIC COUNTERS(9 @$50/DAY) — — __ 4
$ 50
SUBTOTAL PHASE I PROJECT DEVELOPMENT REPORT AMENDMENT $102,000
SHEET 1 OF 2
B A X .
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I:\ELGNC\990684\Agreement\Amendment No 4\Amendment 4-Attach 6.xls �
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WOODMAN
CITY OF ELGIN,ILLINOIS
SUMMIT/DUNDEE AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS
ENGINEER'S JOB NUMBER:990684 _—. __— _
14,2008
JASON J.FLUHR,P.E.
EXHIBIT 6
Cost Estimate of Consultant Services-Addendum No.4
SENIOR PROFESSIONAL ITEM TOTAL OUTSIDE ENGINEERING
PRINCIPAL ENGINEER ENGINEER CADD SURVEYOR LAND SURVEYOR SECRETARY MANHOURS SERVICES FEE
Billing Rates $168 $118 $104 $94 ' $84 $118 $60 A.
Work Item ,
FINAL DESIGN DUNDEE/SUMMIT
CONSTRUCTION DELAY COORDINATION 8 25 66 30 129 $13,978
GEOTECHNICAL REPORT 5 5 $6,000 $6,520
CROSS SECTION DESIGN —1 30 30 60 $5,940
STREET LIGHTING PLANS 160 60 _- — 220 $24,520
PAVEMENT MARKING AND SIGNAGE PLANS 30 25 55 $5,890
STREETSCAPE/LANDSCAPE PLANS 30 80 80 — 190 $19,380
IRRIGATION DESIGN 20 10 30 $4,000 $7,020
PROJECT DETAILS AND STANDARDS 10 50 50 110 $11,080
MAINTENANCE OF TRAFFIC PLAN 40 40 80 $8,480
HIGHWAY PLATS —-- 1 2 40 _ 40 40 1 124 - $4,200 $16,426
ROW APPRAISALS AND NEGOTIATIONS 4 — 20 — 24 $10,200 $12,976
QC/QA — — 4 20 — — — _ 24 $3,032
FINAL CONTRACT PLANS AND CONTRACT PROPOSAL 80 80 10 170 $16,440
SUBTOTAL _ 12 316 337 445 40 60 11 1221 $24,400 $151,682
VEHICLE EXPENSES-TRAVEL,630 MI @$0.505/MILE $318
SUBTOTAL DESIGN CONCEPT PLAN REVISIONS _ _ _ $15,000
SUBTOTAL FINAL DESIGN DUNDEE/SUMMIT _ $152,000
SUBTOTAL PHASE I PROJECT DEVELOPMENT REPORT AMENDMENT $102,000
TOTAL ENGINEERING SERVICES FEE — — — - — $269,000
SHEET 2 OF 2
B A X T E R
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May 22, 2008 Li
r .
TO: Mayor and Members of the City Council
1_.
FROM: Olufemi Folarin, City Manager
David Lawry, P.E., General Services Group Director
SUBJECT: Amendment No. 4 to the Engineering Services Agreement with Baxter &
Woodman, Inc. for the Dundee/Summit Intersection Improvements
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the approval of Amendment No. 4 to the agreement with Baxter &
Woodman (B&W) for the phase 1 and phase 2 design engineering for the roundabout alternative
for the Dundee/Summit Intersection Improvements Project.
RECOMMENDATION
It is recommended that City Council approve Amendment No. 4 to the agreement with Baxter &
Woodman for phase 1 and phase 2 design engineering services related to the Dundee/Summit
Intersection Improvement Project for the not-to-exceed cost of$269,000.
BACKGROUND
On October 13, 1999, the City Council authorized an agreement with B&W ($117,000) to
provide phase 1 design engineering and pursue federal funding for improvements to the
Dundee/Summit and Waverly/Summit Intersections. At its meetings of: August 8, 2001, the City
Council authorized Amendment No. 1 ($81,100) for phase 2 design engineering for the
Waverly/Summit Intersection Improvements; February 26, 2003 the City Council authorized
Amendment No. 2 ($121,000) for phase 3 construction engineering for the Waverly/Summit
Intersection Improvements and August 27, 2005, the City Council authorized Amendment No. 3
($168,278) for phase 2 design engineering for the Dundee/Summit Intersection Improvements.
As the design process progressed, the City has been able to obtain federal funding from the
Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Program
(CMTQ) in the amount of $505,000 and $960,000, respectively for the Dundee/Summit
intersection.
At its meeting on April 9, 2008, City Council authorized staff to pursue the roundabout option
for the subject intersection. This design alleviates access concerns raised by some of the
A
Amendment No. 4 to Engineering Services Agreement with B&W for Dundee-Summit
Intersection Improvements
May 22, 2008
Page 2
businesses affected by the project as well as eliminates the need for traffic signals. It also
provides the opportunity to include streetscape elements in the final design. Amendment No. 4
provides design engineering related to the proposed roundabout. It includes final design and
bidding documents and bidding assistance.
A plan sheet depicting the roundabout is attached as Exhibit A and a copy of Amendment No. 4
is attached as Exhibit B.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The cost of Amendment No. 4 with Baxter and Woodman totals $269,000. The total budget for
this project is $2,282,760. To date, $118,387 has been spent and/or encumbered. Funding for
this amendment is available in the Riverboat Lease Fund, account number 276-0000-791.93-80,
"Public Ways/Street Improvements," project number 339755, "Dundee/Summit Intersection
Improvements" with $1,078,360 budgeted and $969,836 available. The revised not-to-exceed
contract amount with Baxter and Woodman will total $756,378.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve Amendment No. 4 to the agreement with B&W.
2. The City Council may choose not to approve Amendment No.4 to the agreement with
B&W.
Respectfully submitted for Council consideration.
do
Attachments