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11-191 r Resolution No. 11-191 RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 WITH BAXTER & WOODMAN, INC. (North McLean Resurfacing Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall,City Manager,and Kimberly A. Dewis,City Clerk,be and are hereby authorized and directed to execute Engineering Services Agreement Amendment No. 1 with Baxter&Woodman, Inc. on behalf of the City of Elgin in connection with the North McLean Resurfacing Project,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 Adopted: November 16, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 4 CITY OF ELGIN, ILLINOIS MCLEAN BOULEVARD ERP - CONSTRUCTION SERVICES MFT SECTION 10-00178-00-R S ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 THIS AGREEMENT AMENDMENT is made this 1 6 day of Nobember .2011. by and between the City of Elgin, Illinois,hereinafter referred to as the CITY,and Baxter& Woodman, Inc., Consulting Engineers, hereinafter referred to as the ENGINEER for the purpose of amending the Engineering Services Agreement between these parties dated April 14, 2010, and approved by IDOT on May 5. 2010 hereinafter referred to as the AGREEMENT to include: ENGINEER's fee for construction-related services described as full-time construction observation from Resident Project Representative, Richard Himebaugh(60 hours).and part- time construction observation and construction administration to complete the PROJECT from Engineer. Mark Dachsteiner (15 hours), as requested by the CITY Engineer and additional material testing required to meet IDOT requirements a Direct Cost from sub- consultant Soil and Material Consultants as attached in fee Exhibit B-Addendum #1, The changes to the AGREEMENT as set forth in this Amendment No. I are germane to the AGREEMENT as signed and this Amendment No. I is in the best interests of the CITY and is authorized by law." N7TNESSETH that in consideration of the covenants herein. these parties agree as follows 1. The CITY agrees to pay,and the ENGINEER agrees to accept as full payment for the services which are the subject matter of this AGREEMENT an amount not to exceed $34.000.00+$ 12,350.00 for a total of$46.350.00 paid in accordance with the provisions of the Local Government Prompt Payment Act and the provisions of the Contract Documents. All other provisions of the AGREEMENT shall remain in full force and effect. BAXTER Pr. WOODMAN 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. Vice President John V. Ambrose, PE . 4/ 2 za!/ Date of Signature CITY OF ELGIN, ILLINOIS By &. City Manager Atte t. City Clerk November 16. 2011 Date of Signature 1:\Itasca\ELGNC\100148.60-Mclean ERP\Agreement\AMENDMENT 1-As Revised MLD 092711.Doc BAXTER PirA WOODMAN EXHIBIT B-CONSTRUCTION ENGINEERING MCLEAN BLVD ERP IMPROVEMENTS Addendum#1 ROUTE: Various 'FIRM'S APPROVED RATES ON FILE WITH IDOT'S LOCAL AGENCY: CITY OF ELGIN BUREAU OF ACCOUNTING AND AUDITING' (Municipal ity/Township/County) SECTION' 10-00178-00-RS OVERHEAD RATE(OH) 147% PROJECT: MCLEAN BLVD ERP IMPROVEMENTS COMPLEXITY FACTOR(R) 0 JOB NO: 100148.60 CALENDAR DAYS METHOD OF COMPENSATION. COST PLUS FIXED FEE 1 X 14.5%[(DL+R(DL)+OH(DL)+IHDC] COST PLUS FIXED FEE 1 14.5%[(DL+R(DL)+1.4(DL)+IHDC] COST PLUS FIXED FEE 1 14 5%[(2.3+R)DL+IHDC] DIRECT LABOR MULTIPLE [(2.8+R)DL]+IHDC SPECIFIC RATE LUMP SUM COST ESTIMATE OF CONSULTANT SERVICES IN DOLLARS EMPLOYEE MAN- PAYROLL PAYROLL SERVICES IN-HOUSE ELEMENT OF WORK CLASSIFICATION HOURS RATE COSTS(DL) OVERHEAD` BY OTHERS DIRECT COSTS PROFIT TOTAL (IHDC) CONSTRUCTION SERVICES(100148.60) MANAGE PROJECT COORDINATION PRINCIPAL 0 $66.25 $0 00 $0.00 $0 00 $0.00 MARK DACHSTEINER 9 $50 50 $455.00 $669 00 $0.00 $163.00 $1,287.00 SECRETARY 0 $24.76 $0.00 $0.00 $0 00 $0.00 CONTRACT DOCUMENTS SR ENGINEER IV 0 $53 29 $0.00 $0 00 $0.00 $0.00 SECRETARY 0 $24.76 $0 00 $0.00 $0 00 $0.00 PARTIAL PAYMENTS SR ENGINEER IV 0 $53.29 $0.00 $0.00 $0.00 $0.00 SECRETARY 0 $24.76 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS SR ENGINEER IV 0 $53 29 $0.00 $0 00 $0.00 $0 00 PROJECT CLOSEOUT SR ENGINEER IV 0 $53.29 $0 00 $0.00 $0.00 $0.00 OBSERVE CONSTRUCTION-PART TIME MATERIAL TESTING $3,500 00 $0.00 $3,500.00 RESIDENT PROJECT REPRESENTATIVE RICH HIMEBAUGH 60 $39 00 $2,340.00 $3,441 00 $75 00 $849 00 $6,705.00 MARK DACHSTEINER 6 $50.50 $303 00 $446.00 $109.00 $858.00 CONSTRUCTION STAKING FIELD ENGINEER 0 $35.80 $0.00 $0 00 $0 00 $0.00 FINAL INSPECTION FIELD ENGINEER 0 $35 80 $0 00 $0.00 $0 00 $0 00 CONSTRUCTION SERVICES SUBTOTAL 75 $3,098 $4,556 $3,500 $75 $1,121 $12,350 IN-HOUSE DIRECT COSTS(INCLUDED IN TOTAL COST): VEHICLE EXPENSES-TRAVEL,135 MI @$0.555/MILE $75 00 SERVICES BY OTHERS(INCLUDED IN TOTAL COST): TESTING(SOIL&MATERIAL CONSULTANTS) $3,500.00 $4,600 SPENT-$1,100 PER CONTRACT=$3,500 APPROXIMATE CONSTRUCTION SERVICES SUBTOTAL $12,350.00 APPROXIMATE DESIGN SERVICES SUBTOTAL $0.00 ENGINEERING TOTAL $12,350.00 BAXTER gir. WOODMAN ';t, CYC}I-°', i; MEMBERS F Ci F O Y ': t s�K I L E L...( I I4J THE CITY IN THE SUBURBS AGENDA ITEM: D MEETING DATE: November 2, 2011 ITEM: Amendment No. 1 to the Engineering Services Agreement with Baxter and Woodman, Inc. for the North McLean Resurfacing Project ($12,350) OBJECTIVE: Authorize funding for additional engineering services and material testing to ensure proper construction. RECOMMENDATION: Amend the existing engineering services agreement with Baxter and Woodman to add addi- tional construction administration and fees of$12,350. BACKGROUND In 2009, the city applied for funding for several streets under the States "Emergency Repair Program" (ERP). The city was awarded $344,956 for North McLean Boulevard resurfacing from Big Timber Road to just south of Forest Drive. The grant stipulated that the city would receive a portion of the money once the city awarded a construction project. This required the city to front the cost to prepare the bid documents which were initiated in March of 2010. The city then entered into an agreement with Baxter and Woodman to complete the project engineering. OPERATIONAL ANALYSIS In March of 2010, the city entered into an agreement with Baxter and Woodman to prepare bid documents and construction administration efforts for to the resurfacing of North McLean Bou- levard. The engineer's construction administration and inspection services are normally added to the original engineering services agreement by amendment at a later date. Baxter and Woodman believed the scope of the work identified for the construction-related services in the original agreement was sufficient to cover the administration services for the project. But the heightened pace of the work performed by Plote, Inc. on the project was much more aggressive than initially anticipated, requiring more full-time inspection efforts by Baxter and Woodman. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The amount of Amendment No. 1 is $12,350. The total of the original agreement and Amend- ment No. 1 is $46,350. This amendment will provide funding to pay the engineer for the neces- sary additional inspection and material testing as directed by the city. The full cost of the project will ultimately be funded by the State. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat Fund 275-0000-791.93-80 340019 345,000 39,777 LEGAL IMPACT None. ALTERNATIVES The city council may reject the amendment. But due to the speed of the project, the inspection work has already been completed. The State is paying 100 percent of the project costs he State has been consulted and is in agreement with the amendment. NEXT STEPS 1. Execute the amendment. 2. Update the purchase order made out to Baxter and Woodman. 3. Process payment to Baxter and Woodman. 4. Close out project. 2 r Originators: Joseph Evers, City Engineer Final Review: David L. Lawry, Public Services Director Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Original Agreement B. Amendment No. 1 r 3 EXHIBIT A Baxter and Woodman Original Agreement For the North McLean Resurfacing Project • • Municipality L Name O Illinois Department r°,of Elgin Of Transi3ortation C Baxter&Woodman, Inc. Township N Address S 8678 Ridgefield Road A Preliminary!Construction U County G Engineering Services L City • Kane E Agreement Crystal Lake For Section C Motor Fuel Tax Funds N State 10-00178-00-RS y T IL • THIS AGREEMENT is made and entered into this \ R day of , 2010 between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professions engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds,allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT",will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name McLean Blvd ERP Route Length 2000' ( 0.38 Miles)(Structure No. ) Termini Big Timber Road to approximately 400'north of Todd Farm Road Description Design and Construction Engineering Services for milling and resurfacing McLean Blvd. Including curb repair, pavement patching and pavement marking(See Exhibit A), ENGINEER's Project No. 100148.40/.60. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA in connection with the proposed improvement herein before described, and checked below: a. [] Make such detailed surveys as are necessary for the preparation of detailed roadway plans. b. ❑ Make stream and flood plain hydraulic surveys and gather high water data and flood histories for the preparation of detailed bridge plans. c. ❑ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. 0 Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare Army Corps of Engineers Permit, Division of Water Resources Permit, Bridge waterway sketch and/or Channel Change sketch, Utility plan and locations and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge Design and Hydraulic Report,(including economic analysis of bridge or culvert types)and high water effects on roadway overflows and bridge approaches. Note Four copies to be submitted to the Regional Engineer Printed 3/17/2010 Page 1 of 5 SLR 05512(Rev.11(06) g. ® -Make complete general and detailed plans,special provisions,proposals and estimates of cost and furnish the LA with five(5)copies of the plans,special provisions, proposals and estimates. Additional copies of any or all documents,if required shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications,construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. i. ® Assist the LA in the receipt and evaluation of proposals and the awarding of the construction contract. j. ® Furnish or cause to be furnished: • (1.) Proportioning and testing of concrete mixtures in accordance with the"Manual of Instructions for Concrete Proportioning and Testing"issued by the Bureau of Materials and Physical Research, of the DEPARTMENT and promptly submit reports on forms prepared by said Bureau. (2) Proportioning and testing of bituminous mixtures(including extracting test)in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing"issued by the Bureau of Materials and Physical Research,of the DEPARTMENT,and promptly submit reports on forms prepared by said Bureau. (3) Ail compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. (4) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract. (5) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research, of the DEPARTMENT and submit inspection reports to the LA and the DEPARTMENT in accordance with the policies of the said DEPARTMENT. k. ® Furnish or cause to be furnished (1) A resident engineer, inspectors and other technical personnel to perform the following work: (The number of such inspectors and other technical personnel required shall be subject to the approval of the Lk) a. Continuous observation of the work and the contractor's operations for compliance with the plans and specifications as construction proceeds, but the ENGINEER does not guarantee the performance of the contract by the contractor. b. Establishment and setting of lines and grades. c. Maintain a daily record of the contractor's activities throughout construction including sufficient information to.permit verification of the nature and cost of changes in plans and authorized extra work. d. Supervision of inspectors, proportioning engineers and other technical personnel and the taking and submitting of material samples. e. Revision of contract drawings to reflect as built conditions. f. Preparation and submission to the LA in the required form and number of copies,all partial and final payment estimates,change orders, records and reports required by the LA and the DEPARTMENT. 2. That all reports,plans, plats and special provisions to be furnished by the ENGINEER pursuant to this agreement will be • in accordance with the current standard specifications and policies of the DEPARTMENT, it being understood that all such reports, plats, plans and drafts shall before being finally accepted, be subject to approval by the LA and the said DEPARTMENT. 3. To attend conferences at any reasonable time when requested to do so by the LA or representatives of the DEPARTMENT. 4. In the event plans,surveys or construction staking are found to be in error during the construction of the SECTION and • revisions of the plans or survey or construction staking corrections are necessary,the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the contractor. 5. The basic survey notes and sketches,charts,computations and other data prepared or obtained by the ENGINEER pursuant to this agreement will be made available upon request to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. • 6. To make such changes in working plans,including all necessary preliminary surveys and investigations, as may be required after the award of the construction contract and during the construction of the improvement. 7. That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by him Printed 3/17/2010 Page 2 of 5 BLR 05512(Rev.11/06) and will show his professional seal where such is required by law. rk To submit,upon request by the LA or the DEPARTMENT a list of the personnel and the equipment he/she proposes to use in fulfilling the requirements of this AGREEMENT. The LA Agrees, • 1. To pay the Engineer as compensation for all services performed as stipulated in paragraphs 1a, 1g, 1 i, 1j,1k, 2,3,5 and 6 in accordance with one of the following methods indicated by a check mark: • a—a—A-surrrof-mc ney-equal-to percent-of-fheawarded-centraetcost-ef-the-prapesed-Improvement-as approved by the DEPARTMENT. b. ® A sum of money equal to the percentage of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: • Schedule for Percentages Based on Awarded Contract Cost Awarded'Cost Percentage Fees Under $50,000 Cost plus fixed fee not to (see note) exceed$34,000. (See Exhibit B) . % % Note: Not necessarily a percentage. Could use per diem,cost-plus or lump sum. 2. To pay for services stipulated in paragraphs 1 b, 1c, 1 d, le, 1f, 1 h,4j and I of THE ENGINEER AGREES at the hourly rates stipulated below for personnel assigned to this SECTION as payment in full to the ENGINEER for the actual time spent in providing these services the hourly rates to include profit, overhead, readiness to serve,insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA,the ENGINEER may sublet all or part of the services provided under paragraphs 1b, 1c, 1d, le, 1f, 1j and 1k of THE ENGINEER AGREES. If the ENGINEER sublets all or a part of this work, the LA will pay the cost to the ENGINEER plus a five(5)percent service charge. "Cost to ENGINEER"to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm including the Principal Engineer perform routine services that should normally be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the work performed. Grade Classification of Employee Hourly Rate Principal Engineer Resident Engineer Chief of Party Instrument Man Rodmen• Inspectors The hourly rates itemized above shall be effective the date the parties, hereunto entering this AGREEMENT,have affixed their hands and seals and shall remain in effect until . In event the services of the ENGINEER extend beyond ,the hourly rates will be adjusted yearly by addendum to this AGREEMENT to compensate for increases or decreases in the salary structure of the ENGINEER that are in effect at that time. C Printed 3/17/2010 Page 3 of 5 BLR 05512(Rev.11/06) 3.. That payments due the ENGINEER for services rendered pursuant to this AGREEMENT All be made as soon as practicable after the services have been performed,In accordance with the following schedule: a: Upon completion of detailed plans, special provisions, proposals and estimate of cost-being the work required by paragraphs 1a through 1g under THE ENGINEER AGREES-to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee based on the above fee schedule and the approved estimate of cost. • b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT,100 percent of • the total fee(excluding any fees paragraphs 1j and 1k of the ENGINEER AGREES),based on the above fee schedule and the awarded contract cost, less any previous payment. c. Upon completion of the construction of the improvement,80 percent of the fee due for services stipulated-in paragraphs 1j and 1k. d. Upon completion of all final reports required by the LA and the DEPARTMENT and acceptance of the improvement by the DEPARTMENT, 100 percent of the total fees due under this AGREEMENT, less any amounts previously paid. By mutual agreement, partial payments,.not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That should the improvements be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs la and 1g,and prior to the completion of such services the LA shall reimburse the ENGINEER for his actual costs plus 147 percent incurred up to the time he is notified in writing of such abandonment "actual cost"being defined as material costs plus actual payrolls, insurance,social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. 5. That should the LA require changes in any of the detailed plans,specifications or estimates(except for those required pursuant to paragraph 4 of THE ENGINEER AGREES)after they have been approved by the DEPARTMENT,the LA will pay the ENGINEER for such changes on the basis of actual cost plus 147 percent to cover profit,overhead and readiness to serve-"actual cost"being defined as in paragraph 4 above. It is understood that"changes"as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans. . 6. That should the LA extend completion of the improvement beyond the time limit given in the contract, the LA will pay the Al) ENGINEER, in addition to the fees provided herein, his actual cost incurred beyond such time limit-"actual cost"being defined as in paragraph 4 above. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings,specifications, partial and completed estimates and data if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under the AGREEMENT,based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person,other than a bona fide employee working solely for the ENGINEER,to solicit or secure this contract and that he/she has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the ENGINEER, any fee,commission, percentage, brokerage fee,gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the LA shall have the right to annul this contract without liability. Printed 3/17/2010 Page 4 of 5 BLR 05512(Rev.11/06) • • • IN WITNESS WHEREOF,the parties have caused this AGREEMENT to be executed in quadruplicate counterparts,each of rt shall be considered as an original by their duly authorized offices. Executed by the LA: City of Elgin of the (Municipalityrrownship?County) ATTEST: State of Illinois, acting by and through its By A sa. V,, D ane Robertson F'F; Clerk By tS ���T-141 ‘ - j.''.. Title: Mayor a :y is n•, ernir X1111! o�- 3,,1.*? Executed by the Baxter&Woodman, Inc.� :=:`Ft 'u �6�'�' 8678 Ridgefield Road ATTEST: Crystal Lake .s):�22 By -r �-�ks} .r. ,1�',� Title: Deputy Secretary Title: Vice President Approved Date Department of Transportation Regional Engineer Printed 3/17/2010 Page 5 of 5 SLR 05512(Rev.11106) • CITY OF ELGIN,ILLINOIS MCLEAN BLVD ERP IMPROVEMENTS SECTION NO.: 10-00178-00-RS EXHIBIT A SCOPE OF SERVICES I DESIGN ENGINEERING SERVICES(100148.40) 1. (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. Attend one kick-off meeting with the CITY to review the PROJECT and establish PROJECT criteria and clear lines of communication, and attend up to one progress meeting to review the Plans, Contract Proposal and Estimate of Cost. • 2. (TR180) PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATE OF COST Perform a field evaluation on the condition of existing pavements and curbs and gutters,' and calculate quantities of pavement repair. Prepare draft contract documents consisting of Plan view schematics (no topographic survey), Special Provisions, Contract Proposal,and Engineer's Estimate of Cost. 3. (TR190) FINAL PLANS,SPECIFICATIONS,AND ESTIMATE OF COST Perform an in-house peer review and constructability review of the pre-final plans, specifications, and estimate of' cost for the PROJECT. Prepare contract documents consisting of Plan view schematics.(no topographic survey), Special Provisions, Contract Proposal, and Engineer's Estimate of Cost and submit these documents to the DEPARTMENT for the CITY to receive construction bids. Make any necessary changes to the documents as required by the DEPARTMENT to secure approval. 4. (TR200)ASSIST BIDDING • Provide documents for bidding and assist the CITY in solicitation of bids from as many qualified bidders as possible, receive and evaluate bids, tabulate bids, and make a recommendation to the CITY for an award of contract. BAXTER ") !W . - 1 - 411116 . WOODMAN r • CONSTRUCTION ENGINEERING SERVICES(100148.60) Act as the CITY's representative with duties, responsibilities and limitations of authority as assigiii11 Contract Documents. I. (CS100)PROJECT INITIATION ION • Attend and prepare minutes for the preconstruction conference,and review the Contractor's proposed construction schedule and list of subcontractors. ■ Prepare Award Letter, Agreement, Contract Documents, Performance/Payment Bonds, and Notice to Proceed. Review Contractor insurance documents. . 2. (CS105) CONSTRUCTION ADMINISTRATION ■ Attend periodic construction progress meetings. ■ Check, Review, and Approve Shop Drawings, Manufacturer's Literature, Samples, and other submittals by the Contractor, but only for compliance with the Drawings and Specifications as to quality of materials and performance of equipment. Such review shall not be construed as relieving the Contractor of the responsibility to meet requirements of the Construction Contract • Documents. • Prepare Construction Contract Change Orders and Work Directives when authorized by the CITY. ■ Review the Contractor's requests for payments as construction work progresses, and advise the CITY of amounts due and payable to the Contractor in accordance with the terms of the Construction Contract Documents. • Research and prepare written response by ENGINEER to requests for infOrmation from the CITY and Contractor. • Visit site as needed by project manager or other office staff. 3. (CS110)FIELD OBSERVATION • Provide Resident Project Representatives at the construction site on a 4• periodic part-time basis from the ENGINEER's office of not more than eight • (8) hours per regular weekday, not including legal holidays as deemed necessary by the ENGINEER, to stake-out construction lines and grades, to assist the Contractor with interpretation of the Drawings and Specifications,to observe in general if the Contractor's work is in conformity with the Final Design Documents, and to monitor the Contractor's progress as related to the Construction Contract date of completion. The construction Contractor is a separate company from the ENGINEER The CITY understands and acknowledges that the ENGINEER is not responsible for the Contractor's construction means, methods, techniques, sequences or procedures, time of • performance, compliance with Laws and Regulations, or safety precautions and programs in connection with the PROJECT,and the ENGINEER does not BAXTER Pr% -2 - 411111. WOODMAN • • guarantee the performance of the Contractor and are not responsible for the Contractor's failure to execute the work in accordance with the Construction • Contract Documents. ir—Pro—vidTthe necessary base lines,, bwl rarksTandreferen�e points t'oenable the Contractor to proceed with the work. • • Keep a daily record of the Contractor's work on those days that the ENGINEER is at the construction site including notations on the nature and cost of any extra work, and provide weekly reports to the CITY of the construction progress and working days charged against the Contractor's time for completion. 4. (CS130)COMPLETION OF PROJECT ■ Provide construction inspection services when requested by the Contractor/ CITY that the PROJECT is complete. Prepare written punch lists during final completion inspections. • • Review the Contractor's requests for final payment, and advise the CITY of the amounts due and payable to the Contractor in accordance with the teiuis of the Construction Contract Documents. • 5. (CS140)PROJECT CLOSEOUT • Provide construction-related engineering services including,but not limited to, General Construction Administration and Resident Project Representative Services. I:ICrystal Lake\ELGNC1100148-Mclean ERP140-Design\Manage Project\Agreement\Exhibit A.Doc • B A X T E R Or%- 3 - WOODMAN EXHIBIT B-PRELIMINARY ENGINEERING MCLEAN BLVD ERP IMPROVEMENTS ROUTE: Various I'FIRM'S APPROVED RATES ON FILE WITH(DOTS • LOCAL AGENCY: CITY OF ELGIN BUREAU OF ACCOUNTING AND AUDITING: (Munnipali tyf Townshlp/County) SECTION: 10-00178-00-RS OVERHEAD RATE(OH) lira PROJECT: MCLEAN BLVD ERP IMPROVEMENTS COMPLEXITY FACTOR(R) Q JOB NO.: 100148.40 CALENDAR DAYS METHOD OF COMPENSATION: COST PLUS FIXED FEE 1 X 14,5%[(DL+R(OL)+OH(DL)+IHDC) COST PLUS FIXED FEE 1 14.5%j(DL+R(DL)+1.4(DL)+MC) COST PLUS FIXED FEE 1 14.5%((2.3+R)DL+84001 DIRECT LABOR MULTIPLE ((2.8+R)DL)+IHDC SPECIFIC RATE LUMP SUM ' COST ESTIMATE OF CONSULTANT SERVICES IN DOLLARS EMPLOYEE MAN- PAYROLL PAYROLL SERVICES IN-HOUSE ELEMENT OF WORK CLASSIFICATION HOURS RATE COSTS(DL) OVERHEAD' BY OTHERS DIRECT COSTS PROFIT TOTAL , (IHDC) DESIGN SERVICES(100148.40) , MANAGE PROJECTI PRINCIPAL 5 $68.25 $331.00 $487.00 $119.001 $937.00 I SR ENGINEER I 20 $42.09 $842.00 $1,238.00 $156.00 $324.001 $2,560.00 PRELIMINARY PLANS,SPECIFICATIONS,AND ESTIMATE OF COST SR ENGINEER i 3 $42.09 $126.00 $185.00 .00 $356.00 ENGINEER II 40 $35.84 $1,434.00 $2,108.00 $51 .00 $4,056.00 FIELD ENGINEER 10 $35.80 $358.00 $526.00 $12 -00 $1,012.00 CADD OPER.I 20_ $21.78 $435.00 $839.00 $1 00 $1,230.00 FINAL PLANS,SPECIFICATIONSSAND ESTIMATE OF COST 1 ENGINEER II 15 $35.84 8638.00 $791.00 $19'00 $1,522.00 SR ENGINEER I 4 $42.09 $166.00 $247.00 ( $60.001 $475,00 ASSIST BIDDING I 'ENGINEER II 12 535.84 $430.00 $632.00' ' $1 4.00 1,2i .00 SR ENGINEER I 3 $42.09 $126.00 $185.00 $45.00 $356.00 SECRETARY 4 S24.76 $99.00 $148.00 $33,00 $280.00 DESIGN SERVICES SUBTOTAL _ 136 $4,887 $7,184 $0 $156 $1,773 $14,001 ' IN-HOUSE DIRECT COSTS(INCLUDED IN TOTAL COST): VEHICLE EXPENSES-TRAVEL,312 MI Qa $0.50/MILE $156.00 • PAGE 1 OF 2 I:1Cryatal Lake1ELGNC1100148-Mclean ERP140-Deslgn1Manage Pro)ecthAgreement\ExNbIt 8.xls EXHIBIT B-CONSTRUCTION ENGINEERING . MCLEAN BLVD ERP IMPROVEMENTS ROUTE: Various •FIRM'S APPROVED RATES ON FILE WITH COT'S LOCAL AGENCY: CITY OF ELGIN BUREAU OF ACCOUNTING AND AUDITING: (Municipality/Township/County) ' SECTION: 10-00178-00-RS OVERHEAD RATE(OH) 1 d7% PROJECT: MCLEAN BLVD ERP IMPROVEMENTS COMPLEXITY FACTOR(R) 0 JOB NO.: 100148.60 CALENDAR DAYS METHOD OF COMPENSATION: COST PLUS FIXED FEE 1 X 14.8%[(DL+R(DL)+OH(DL)+IHDC] COST PLUS FIXED FEE 1 14.5%[(DL+R(DL)+1.4(DL)+IHDC] COST PLUS FIXED FEE 1 14.5%[(2.3+R)DL+IHDC] • DIRECT LABOR MULTIPLE [(2.8+R)DL)+HOC SPECIFIC RATE ' LUMP SUM • COST ESTIMATE OF CONSULTANT SERVICES IN DOLLARS _ EMPLOYEE MAN- PAYROLL' PAYROLL SERVICES IN-HOUSE I l • ELEMENT OF WORK CLASSIFICATION HOURS RATE COSTS(DL) OVERHEAD' BY OTHERS DIRECT COSTS PROF Il TOTAL (IHDC) - JJJ CONSTRUCTION SERVICES(100148.60) MANAGE PROJECT I COORDINATION PRINCIPAL 2 $66.25 $133.00 $196.00 444.00 $377.00 SR ENGINEER IV 10 $53.29 5533.00 $784.00 $100.00 $20560 $1,622.00 SECRETARY 4 $24.76 _ $99.00 $146.00 , $3590 $280.00 CONTRACT DOCUMENTS SR ENGINEER IV 5 $53.29 $266.00 $391.00 $95100 $752.00 SECRETARY 2 $24.76 $50.00 $74.00_ $18O $142.00 PARTIAL PAYMENTS SR ENGINEER IV 5 $53.29 $266.00 $391.00 • $95 $762.00 SECRETARY2 $24.78 $50.00 $74.00 $18100 $142.00 CHANGE ORDERS SR ENGINEER IV . 5 553.29_ $266 .00 _ $391.00 $95100, 75200 - ROJECT CLOSEOUT SR ENGINEER IV - 5 $53.29 $266.00 $391.00- _ $9$.00 $752,00 OBSERVE CONSTRUCTION-PART TIME MATERIAL TESTING $1,100.00 $000 $1,100.00 RESIDENT PROJECT REPRESENTATIVE FIELD ENGINEER 110 535.80 . $3,938.00 $5,790.00 $502.00 $1,483 00 $11,713.00 CONSTRUCTION STAKING FIELD ENGINEER 8 $35.80 $286.00 $420.00 $102 00 $808.00 FINAL INSPECTION FIELD ENGINEER 8 535.80 $286.00 $420.00 .$102 00 $808.00 CONSTRUCTION SERVICES SUBTOTAL 166 $6,439 $9,468 $1,100 $602 $2.0391 $20,000 IN-HOUSE DIRECT COSTS(INCLUDED IN TOTAL COST): VEHICLE EXPENSES•TRAVEL,1204 MI a$0.50IMILE $602.00 SERVICES BY OTHERS(INCLUDED IN TOTAL COST): TESTING(SOIL&MATERIAL CONSULTANTS) $1,100.00 APPROXIMATE CONSTRUCTION SERVICES SUBTOTAL $20,000.00 APPROXIMATE DESIGN SERVICES SUBTOTAL $14.000.00 ENGINEERING TOTAL $34,000.00 PAGE 2 OF 2 r EXHIBIT B Baxter and Woodman Amendment No. 1 For the North McLean Resurfacing Project C r 44) CITY OF ELGIN, ILLINOIS MCLEAN BOULEVARD ERP-CONSTRUCTION SERVICES MFT SECTION I0-00178-00-RS ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 THIS AGREEMENT AMENDMENT is made this day of ,2011, by and between the City of Elgin,Illinois,hereinafter referred to as the CITY,and Baxter& Woodman, Inc., Consulting Engineers, hereinafter referred to as the ENGINEER for the purpose of amending the Engineering Services Agreement between these parties dated April 14, 2010. and approved by IDOT on May 5. 2010 hereinafter referred to as the AGREEMENT to include: ENGINEER's fee for construction-related services described as full-time construction observation from Resident Project Representative,Richard Himebaugh(60 hours),and part- time construction observation and construction administration to complete the PROJECT from Engineer. Mark Dachsteiner (15 hours), as requested by the CITY Engineer and Al) additional material testing required to meet IDOT requirements a Direct Cost from sub- consultant Soil and Material Consultants as attached in fee Exhibit B-Addendum#1. WITNESSETH that in consideration of the covenants herein,these parties agree as follows 1. The CITY agrees to pay,and the ENGINEER agrees to accept as full payment for the services which are the subject matter of this AGREEMENT an amount not to exceed $34,000.00+$12,350.00 for a total of$46,350.00 paid in accordance with the provisions of the Local Government Prompt Payment Act and the provisions of the Contract Documents. All other provisions of the AGREEMENT shall remain in full force and effect. BAXTER Pr% A44) - 1 - eallk WOODMAN • 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. By 4111111 Vice President John V.Ambrose, PE e22,-74 Zey 2 zc! Date of Signature CITY OF ELGIN,ILLINOIS r By Date of Signature • 1:\Itasca\ELGN C1100 1 4 8.60-Mc lean ERP\Acreement\AMENDMENT 1-As Revised MLD 092711.Doc • • ierB A X T E R -2- 4111‘ WOODMAN • EXHIBIT B-CONSTRUCTION ENGINEERING MCLEAN BLVD ERP IMPROVEMENTS Addendum 11 ROUTE' Venous 'FIRM'S APPROVED RATES ON FILE WITH(DOTS LOCAL AGENCY CITY OF ELGIN BUREAU OF ACCOUNTING AND AUDITING (Munici pa I ilyITownship✓C ou nty) SECTION. 10.00178.00•RS OVERHEAD RATE(OH) 147% PROJECT. MCLEAN BLVD ERP IMPROVEMENTS COMPLEXITY FACTOR(R) Q JOB NO; 100148.60 CALENDAR DAYS • METHOD OF COMPENSATION: COST PLUS FIXED FEE 1 X 14 5%((OL+R(OL)+OH(DL)+IHDC) COST PLUS FIXED FEE 1 14.5%((DI.+R(DL)+1 4(DL)+IHDC) COST PLUS FIXED FEE 1 14.5%((2 3+R)DI.+HOC) DIRECT LABOR MULTIPLE [(2.8+R)DL)+IHDC SPECIFIC RATE LUMP SUM COST ESTIMATE OF CONSULTANT SERVICES IN DOLLARS EMPLOYEE MAN- PAYROLL PAYROLL SERVICES IN-HOUSE l+ ELEMENT OF WORK CLASSIFICATION HOURS RATE COSTS(DL) OVERHEAD' BY OTHERS DIRECT COSTS PROBIT TOTAL (MDC) II CONSTRUCTION SERVICES(100148.60) J 'DAMAGE PROJECT I COORDINATION PRINCIPAL 0 $66.25 $0.00 $0.00 S0 00 $0,00 MARKDACHSTEINER 9 $50.50 $455.00 $669.00 $0.00 $18300 $1,287.00 SECRETARY 0 $24.76 50.00 $0.00 60.00 30.00 CONTRACT DOCUMENTS SR ENGINEER IV 0 $53.29 $0.00_ $0.00 , 5Q 00 $0.00 SECRETARY 0 $24.76 $0.00 $0.00 $().00 $0.00 PARTIAL PAYMENTS SR ENGINEER IV 0 $53.29 $0.00 $0.00 .00 S0.00 SECRETARY 0 $24.76 $0.00 $0.00 ,00 30.00 CHANGE ORDERS SR ENGINEER IV 0 $53.29 $0.00 $0.00 _ .00 $0.00 PROJECT CLOSEOUT SR ENGINEER IV 0 $53.29_ $0.00) $0.00 , .00 $0.00 OBSERVE CONSTRUCTION-PART TIME I MATERIAL TESTING $3,500.00 $0.00 $3,500.00 RESIDENT PROJECT REPRESENTATIVE RICH HIMEBAUGH 60 $39 00 $2,340.00 $3,441.00 $75.00 384.00 $6,705.00 MARK DACHSTEINER 6 350.50 $303.00 5446.00 $10 .00 $858,00 CONSTRUCTION STAKING FIELD ENGINEER 0 $35.80 $0.00 30.00 $ .00 $0.00 FINAL INSPECTION FIELD ENGINEER - 0 53580 $0.00 30.00 $I.00 $0.00 CONSTRUCTION SERVICES SUBTOTAL. 75 $3,098, $4,566 $3,500 $76_ $1,121 $12,380 IN-HOUSE DIRECT COSTS(INCLUDED IN TOTAL COST): VEHICLE EXPENSES-TRAVEL,135 MI(Ca$0.555/MILE $75 00 SERVICES BY OTHERS(INCLUDED IN TOTAL COST) . TESTING(SOIL 8 MATERIAL CONSULTANTS) 53,500 00 34.600 SPENT-$1.100 PER CONTRACT$3,500 APPROXIMATE CONSTRUCTION SERVICES SUBTOTAL $12,350.00 APPROXIMATE DESIGN SERVICES SUBTOTAL $0.00 ENGINEERING TOTAL $12.350.00 B A X T E R WOODMAN 414) J J . -