Loading...
HomeMy WebLinkAbout08-229 Resolution No. 08-229 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COWHEY, GUDMUNDSON LEDER,LTD.FOR ENGINEERING SERVICES REGARDING DEVELOPMENT OF A NEW BEEF VILLA RESTAURANT 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 an agreement on behalf of the City of Elgin with Cowhey Gudmundson Leder, Ltd. for engineering services regarding the development of a new Beef Villa Restaurant, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Adopted: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk i • AGREEMENT THIS AGREEMENT is made and entered into this 6 day of , 2008, by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY")and Cowhey Gudmundson Leder,LTD,an Illinois corporation,(hereinafter referred to as the"CONSULTANT"). WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services in conjunction with the redevelopment of properties commonly known as 1337 & 1341 Dundee Avenue, Elgin,Kane County,Illinois 60120, (hereinafter referred to as the"PROJECT"); and WHEREAS,the CONSULTANT represents it 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 CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, to act for and represent it in the matters involved in the PROJECT as described in this Agreement,subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City's Director of Economic Development and Business Services (hereinafter referred to as the "SUPERVISOR"). B. CONSULTANT shall provide the services for the PROJECT as outlined in the CONSULTANT'S Scope of Services document entitled "Consulting Engineering Contract Beef Villa Relocation 0.66 Acres ± Elgin, Illinois dated July 25, 2008 consisting of eleven(11)pages,copies of which are attached hereto and made a part hereof as Exhibit A. In the event of any conflict between the terms of this Agreement and the terms contained within Exhibit A,the terms of this Agreement shall control. 2. SCHEDULE The CONSULTANT shall commence with the services for the PROJECT as described herein upon entry into and execution of the Agreement and shall complete same as expeditiously as is reasonably practicable. 3. WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited to,reports,surveys,designs,calculations,work drawings,plans,design documents, probable construction costs, floor plans, elevations and sections, renderings, studies, photographs,models and recommendations shall,be the property of the CITY and shall be delivered to the CITY upon request of the SUPERVISOR provided, however,, that the CONSULTANT 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 CONSULTANT. 4. PAYMENTS TO THE CONSULTANT A. For services provided by the CONSULTANT pursuant to this Agreement the CONSULTANT shall be paid by the CITY at the rate the direct hourly rate of its personnel as set forth in Exhibit A and pursuant to the fee schedule as set forth in Exhibit B attached hereto, with the total fee not to exceed $20,000 for all tasks combined regardless of the actual costs and expenses incurred by the CONSULTANT. B. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within 30 days after receipt and approval of invoice. Full payment for each task shall not be made until the task is completed and accepted by the SUPERVISOR C. Additional services and expenses by the CONSULTANT beyond the scope of work of this agreement,if any, shall require prior written approval of the City Council by way of written amendment to this agreement or by way of a separate written agreement approved by the City Council. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period,and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the CONSULTANT.In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONSULTANT are given a notice to proceed and, unless terminated for cause or pursuant to Article 5, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT'S work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT'S fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. -2- Regardless of the decision of the SUPERVISOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the SUPERVISOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative,contractual or legal remedies as may be suitable to the violation or breach; and,in addition,if either party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend and hold harmless the CITY,its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,including but not limited to workers compensation claims,in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith,including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the event of any action against the CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY'S choosing. The provisions of this paragraph shall survive any completion,expiration and/or termination of this agreement. 11. NO PERSONAL LIABILITY No official, SUPERVISOR, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The CONSULTANT 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 CONSULTANT shall deliver to the SUPERVISOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the SUPERVISOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Article 10 entitled"Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self4nsurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. -3 - .1 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 CONSULTANT shall carry 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 SUPERVISOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the SUPERVISOR. 13. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement;there shall be no discrimination against any employee or applicant for employment because of sex,age,race, color,creed,national origin,marital status,of the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,national origin,age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 14. 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. 15. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the.CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY'S advanced written approval. 16. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. - 4- 17. SEVERABILITY The parties intend and agreed that,if any paragraph,sub-paragraph,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable,all other portions of this Agreement shall remain in full force and effect. 18. 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. 19. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 20. 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. 21. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the SUPERVISOR,nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the SUPERVISOR prior to said documentation becoming matters of public record. 22. COOPERATION WITH OTHER CONSULTANT The CONSULTANT shall cooperate with any other CONSULTANT in the CTTY'S employ or any work associated with the PROJECT. 23. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 24. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT 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; -5 - i t C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. 25. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the CONSULTANT shall comply with all applicable Federal,State,City and other requirements of law,including,but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT'S relevant records at no cost to the CITY. 26. SUBSTANCE ABUSE PROGRAM As a condition to this Agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements of the substance abuse prevention on Public Works Project Act at 820 ILCS 265/1, et seq. as amended. A copy of such policy shall be provided to the CITY'S Purchasing Director prior to the entry into and execution of this Agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the SUPERVISOR and to other participants which may affect cost Or time of completion shall be made or confirmed in writing. The SUPERVISOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. -6- • • 1 1 28. NOTICES All notices, reports and documents required under this Agreement shall be in writingand � q �' shall bemailed byFirst Class Mail,postageprepaid, addressed as follows: g p A. As to CITY: Raymond H.Moller, Development of Economic Develo ment and Business Services City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 With a copy to: William A. Cogley,Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSULTANT: Mr.Dwight A. Trostle Cowhey Gudmundson Leder,LTD 300 Park Blvd., Suite 205 Itasca,Illinois 60143 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: FOR: Cowhey Gudmundson Leder,LTD 4 By: Y (./ -ayo . i ager j ✓/c7/-tr 4- 74757V— Attes : P1 4x-1A t - y�y�lJ City Clerk F:\Legal Dept\Agreement\Cowhey Gundmundson-t337 Dundee-WAC-clean-8-15-08.doc -7 - EXHIBIT A 1111111 COWHEY GUDMUNDSON I MIA LEDER, LTD. File#3914.00-CF April 30, 2008 Revised: July 25,2008 City of Elgin 150 Dexter Court Elgin,IL 60120 Attn.: Mr. Raymond Moller . Director of Economic Development Re: Consulting Engineering Contract Beef Villa Relocation 0.66 Acres+ Elgin, Illinois Dear Mr. Moller: We wish to thank you for this opportunity to submit this contract to provide the described consulting engineering services respecting the development of the above property. Also provided are our general terms and conditions,attached as Exhibit A. Based upon our recent discussions, it is our understanding that your firm is planning the development of the above described parcel as a Beef Villa Restaurant. The final site plan for the development is expected to be in basic conformance with the Villa Beef Relocation Concept Plan as prepared by Land Vision, Inc., bearing a latest revision date of March 12, 2008. Below we outline the basic scope of services to be provided by us for the various contract phases. For purposes of this Agreement, CITY OF ELGIN will be identified as "CLIENT"; COWHEY GUDMUNDSON LEDER,LTD. will be identified as "ENGINEER". CO NSULTING ENGINEERS I! LAND SURVEYORS +8 NATURAL RESOURCES 300 PARK BOULEVARD, SUITE 205. ITASCA, IL 60143 630.250.9595 F/630.250,9644 WWW.CGL-LTD.COM Cowhey Gudmundson Leder, Ltd. agrees to undertake the following basic services: SECTION 1 -BASIC SERVICES OF ENGINEER 1.1 INVESTIGATIVE/DESIGN DEVELOPMENT&PRELIMINARY ENGINEERING PHASE A. INVESTIGATIVE ENGINEERING PHASE—NOT INCLUDED B. DESIGN DEVELOPMENT/PRELIMINARY ENGINEERING PHASE Upon receipt of the CLIENT'S written authorization to proceed with the Design Development/Preliminary Engineering Phase,the ENGINEER shall: PRELIMINARY ENGINEERING PLAN/DOCUMENTS Utilizing the boundary survey,topographic survey and concept site plan,all furnished by the CLIENT or CLIENTS other consultants, and assuming compatibility of the electronic data, prepare preliminary engineering design documents which may include some or all of the following: the concept design layout for sanitary sewer, water main, and storm drainage; roadway, driveway and other paved surface design; preliminary grading concepts; outline performance specifications for site work improvements; and preliminary engineering outline reports,narratives and design calculations. PUBLIC TESTIMONY/GOVERNMENT MEETINGS AND EXHIBITS Prepare necessary preliminary design exhibits for presentation to Municipal authorities to assist CLIENT in obtaining preliminary approvals from the municipality. Attend a maximum of two (2) public hearings or meetings with municipal officials and provide testimony as required to assist CLIENT in obtaining preliminary approvals of the project. (These services will be provided at our hourly rates as outlined herein on an as need basis.) 1.2 FINAL DESIGN I CONSTRUCTION CONTRACT DOCUMENT PHASE Upon receipt of the CLIENT'S written authorization to utilize the preliminary design documents and site analysis information and to proceed with the Final Design Phase, the ENGINEER shall: FINAL ENGINEERING DOCUMENTS Prepare for incorporation in the contract documents the final design drawings, technical specifications and other documentation to complete the final design of site improvements for the project. Drawings will include some or all of the following: grading, erosion control, sanitarysewer, water main, storm sewer, public street lighting, and roadway parking lot design; plan and profile sheets for roads and utilities; and detail sheets as appropriate. F:\cadd13914.00\CfRevProp072500 Moiter.doc 2 Specifically included within the basic civil site work final engineering contract documents package are the following: • dimensional site plan(s), which will be prepared based on a calculated geometric plat of site amenities. • grading plan(s)defining the grading concepts for the project. • onsite utility plans and profiles for sanitary sewer, storm sewer and water main up to within 5 feet of the building/structure wall (for service connections). • soil erosion and sediment control plans (SESC) which reflect the information known at the time of preparation. Specifically excluded from the basic civil site work final engineering services are the following: • any turn lane improvements to Dundee Avenue (IL Route 25) as required by Illinois Department of Transportation. • any structural elements requiring the knowledge, expertise or stamp of a licensed structural engineer, or any structural retaining walls necessary due to grading or site conditions. ENGINEER will provide grading criteria and elevations. However, a registered structural engineer under contract with the CLIENT shall be responsible to provide all structural design documentation and calculations. • calculated geometric plat. This information shall be provided to ENGINEER by CLIENT for ENGINEER'S use, through CLIENT'S contract with a registered surveying consultant. • parcel plats, easement plats, annexation plats, dedication or vacation plats, etc. These items shall be provided by a registered surveying consultant under contract with the CLIENT. • multiple, phased engineering plans requiring quantity summaries, cost opinions, and permit applications on a phased basis, beyond that -- --- . ---------------referenced-above as-specifically included: ---.._. . .. . ._ • design of"dry utilities" (i.e. gas,phone, electric and cable, etc.). • traffic studies. • photometric plans. F:kadd13914.001Cf\RevProp072508 Moller.doc 3 • • irrigation plans. • landscape plans. • document modifications (revisions)required as a result of ambiguities or other inconsistencies in review agency criteria (refer to document modification paragraph in Exhibit A). PERMIT APPLICATIONS/PROCESSING Based upon information supplied by the CLIENT and in collaboration with the CLIENT, prepare permit applications and supporting documents. ENGINEER does not warrant, represent or guarantee that permit application approval shall be successfully obtained, and shall bear no liability if: a) delays are encountered in the permitting process; b) additional costs associated with delays are encountered in the permitting process; c) permits are not secured; d) additional costs to construction are encountered in the permitting process if the authority having jurisdiction requires additional design drawings,details and/or revisions. Coordination for a Drainage and Access Permit with the lllinois Department of Transportation is included for access off of Dundee Avenue(IL Route 25). EARTHWORK ANALYSIS Based on soil boring information provided by other registered consultants, prepare an earthwork analysis to determine estimated amounts of cut/fill, borrow, or excess material volumes. ENGINEERS OPINION OF PROBABLE COST/BID DOCUMENTS Based on the information contained in the approved fmal engineering design documents, prepare an opinion of probable construction cost only for site improvements designed by the ENGINEER. CLIENT CONSULTATION/MEETINGS Provide CLIENT consultation during the general design process including attendance at a maximum of two(2) scheduled design group meetings. __ PUBLIC TESTIMONY/GOVERNMENT MEETINGS AND EXHIBITS Prepare final design exhibits for presentation to municipal authorities to assist CLIENT in obtaining fmal approvals from the municipality. Attend a maximum of two (2) public hearings or meetings with municipal officials and provide testimony as required to assist CLIENT in obtaining final approvals of the project. (These services will be provided at our hourly rates as outlined herein on an as needed basis.) FAcadd13914.001CfRevProp072508_Moller.doc 4 • • 1 S 1.3 CONSTRUCTION ENGINEERING SERVICES PHASE — NOT INCLUDED AT THIS TIME • 1.4 NATURAL RESOURCES SERVICES PHASE—NOT INCLUDED . 1.5 SURVEYING-DESIGN AND PLATTING PHASE TOPOGRAPHIC SURVEY(DUNDEE AVENUE OPTION) Perform a detailed Topographic Survey of Dundee Avenue(Illinois Route 25) 300'North and south of property lines extended. Existing visible utilities will be located and rim, inverts, and pipe sizes will be determined and included with the electronic file of the Plat of Survey and Topography as prepared by Advanced Engineering and Surveying Job Number of 33681 dated April 25, 2008. Additional benchmarks will be set around the site to facilitate future construction based upon benchmark as depicted on said Plat of Survey and Topography. SITE GEOMETRY CALCULATIONS Calculate the. site geometry and prepare a base sheet for the back and face of curb, sidewalks, and building setback lines, buildings, parking and commercial driveways relying on the approved land plan furnished by the client,which reliance is acknowledged and accepted by CLIENT and for which SURVEYOR has no liability. 1.6 SURVEYING-SITE WORK CONSTRUCTION PHASE MASS GRADE STAKING Mass grade staking will consist of layout for the silt fence as shown on the approved engineering plans,building pad and surrounding improved areas. UNDERGROUND UTILITY STAKING(INCLUDING SERVICES) Staking for underground utilities will consist of stakes at the centerline of each structure and double offsets to each structure. Termination locations for sanitary service lines will be staked. Water service B-boxes will be staked for location with grades set. CURB OR PAVEMENT STAKING(INCLUDING HANDICAP DEPRESSIONS) Staking will consist of stakes set on a 4 foot offset to the back of curb (or edge of pavement). Stakes will be set every 25 feet on'curves and every 50 feet on tangents. RECORD DRAWING FIELD SURVEY—SITE WORK IMPROVEMENTS Record drawing field data collection shall consist of field measurement required to provide the information as required by the local municipality, for sanitary sewer, water main, storm sewer and paving improvements. F:lcaddl3914.001CMevProp072508_Moller.doc 5 BUILDING STAKEOUT Provide a minimum of four (4) stakes per building with two stakes set for top of foundation elevation. SURVEYOR will also provide a building stakeout diagram which will show relationship of offset stakes to building corners. 1.7 SURVEYING-BUILDING CONSTRUCTION PHASE—NOT INCLUDED SECTION 2-ADDITIONAL SERVICES OF ENGINEER Normal and customary engineering services do not include service in respect to the following categories of work which are Additional Services. These services are not included as part of Basic Services unless specifically referenced therein. If CLIENT wishes ENGINEER to perform any of the following Additional Services,CLIENT shall so request ENGINEER in writing,and if agreed, by y ENGINEER in writing, ENGINEER shall perform or retain others to provide such services. ENGINEER will be paid based on the then current hourly rates of ENGINEER, or based on a.supplemental agreement between ENGINEER and.CLIENT. Additional services for the project include,but are not limited to the following: 2.1 Services due to changes in scope of the project. 2.2 Services to verify the accuracy of drawings furnished by CLIENT or other consultants to the CLIENT. 2.3 Services resulting from conditions inconsistent with previously supplied information, or unknown,concealed and unobservable conditions. 2.4 Revising studies, reports and design documents which have been previously approved by the CLIENT and/or municipality or other governmental agencies. 2.5 Services requiring out-of-town travel by the ENGINEER. 2.6 Revisions and/or modifications to engineering plans or survey documents due to changes in building structure type, site plans,architectural plans,or site conditions. 2.7 Serving as a consultant or witness for the CLIENT in any litigation,arbitration, or other legal or administrative proceedings involving the.project. 2.8 Providing engineering design and/or construction phase services for unforeseeable, unusual or improvements unanticipated offsite required by the local municipality, other P governmental agencies,or necessary to the project development. F:lcadd13914.001CflRevProp072508_Moller.doc 6 2.9 Preparation of any documents, negotiations, or other services associated with acquiring any offsite easements, additional right-of-way from other property owners, etc. 2.10 Providing construction contract documents for any required traffic control devices (signals,etc.). 2.11 Providing geometric computations; preparation of calculated geometric site plan; plat documents and/or easement documents. 2.12 Soil boring location surveys and/or layouts. 2.13 Private site lighting design. 2.14 Arranging and coordinating procurement of services from other consultants for CLIENT'S benefit,e.g. structural engineering services,soil and testing consultants, etc. 2.15 Preparation of any special documents(other than the final engineering plans and contract documents previously referenced in the basic services) for CLIENT'S use in obtaining financing for the project. 2.16 Providing/obtaining certifications,routine soil erosion and sediment control observations, follow-up correspondence, reports/recommendations, analysis, modifications or amendments to the Stormwater Pollution Prevention Plan, etc., or filing a Notice of Termination (N.O.T.) in accordance with requirements as outlined in the IEPA permit under the NPDES(National Pollutant Discharge Elimination System)program. 2.17 Providing an onsite resident project representative of ENGINEER for full-time observation of construction phase activities. 2.18 Review of contractor pay requests. 2.19 Collection, analysis and preparation of record drawings for items required by a governmental agency other than those specifically stipulated in this Agreement, or return visit to complete record drawing data gathering due to incomplete construction activity at time of initial authorization to commence record drawing preparation. 2.20 Perimeter road improvements 2.21 Stormwater detention calculations or design. F:lcadd13914.001Cf1RevProp072508_Moiler.dot 7 SECTION 3-CHARGES AND HOURLY RATES 3.1 The specific tasks referenced in applicable Phases 1.1 thru 1.7 herein will be accomplished in accordance with the Schedule of Professional Fees (Fee Schedule) in Exhibit B, attached hereto and incorporated herein. The fees are based on the scope of work and the contract conditions specifically referenced in this contract document. Modifications to the scope or contract conditions may require changes to the fee structure. 3.2 Prints, copies, sepias, mylars, purchased documents (maps, photos, etc.), overnight mail services, messenger services, and other miscellaneous reimbursable expenses will be billed in addition to the professional fee, at cost plus 10%for handling. A budget amount may be indicated on Exhibit B. Electronic media document transfer(transmitting and/or receiving), requiring a computer technician's time to prepare documentation for transmission, or in the case of receiving electronic files, the labor required to scan, adjust, modify, layerize or otherwise prepare the files for our use, will be billed as reimbursable expense based on the computer technician's hourly rate and the time required to prepare or modify the electronic document. A budget amount may be indicated on Exhibit B. 3.3 Hourly rates for 2008, applicable to additional services and / or contract items with budget amounts in lieu of lump sum fee,are per the following schedule: Principal $110.00-185.00 Professional Engineer/ Senior Project Manager 1.15.00-150.00 Professional Engineer/Project Manager 80.00-140.00 • Project Engineer/Design Engineer 70.00-1.00.00 Field Engineer 70.00- 100.00 Technician/CADD Technician 65.00- 90.00 Senior Environmental Consultant 115.00-150.00 Environmental Consultant 70.00-110.00 Professional Land Surveyor 95.00-140.00 Project Surveyor/Survey Technician 70.00-100.00 Field Crew-Single Person with GPS-Geodimeter............120.00-130.00 Field Crew-Two Person with GPS-Geodimeter 180.00- 190.00 Field Crew-Three Person with GPS-Geodimeter 240.00-250.00 Administrative/Clerical Support 35.00- 60.00 3.4 The fees stated herewith are for services performed prior to January 1,2009. For services performed after that date, the hourly rates and percentage fees shall be adjusted to cost of salaries and materials. Percentage fees and hourly compensate for changes in theg P g rates will be increased by an annual escalation not to exceed 6% in a calendar year. Reimbursable expenses will be billed as outlined in this Agreement. Flcadd13914.001CflRevProp072508 Moller.doc 8 .. • p. SECTION 4-CLIENT RESPONSIBILITIES During the term of this Agreement, the CLIENT shall supply all criteria respecting the project and its program requirements; full and complete information as to CLIENT'S requirements for the project which affect the program, the ENGINEERS services, or the project; designate a person to act with authority on CLIENT'S behalf in respect to all aspects of the project; and provide and agree to the following: 4.1 Make monthly progress payments to the ENGINEER in proportion to the services performed. 4.2 Provide all criteria respecting the project and program requirements; full and complete information as to CLIENTS requirements for the project, including design objectives, design constraints and impediments; and furnish copies of all such pertinent information including design and construction standards which affect the project or which CLIENT will require to be included in the drawings and specifications. 4.3 Provide to the ENGINEER all available written data pertinent to the site of the project, including but not limited to all documents of any other construction on the site, including those of other CLIENT consultants or prior CLIENT consultants. 4.4 Furnish to ENGINEER borings, probings and subsurface explorations, samples, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; test results, reports, analyses, data, computer models, findings, and professional interpretations of all of the foregoing; environmental assessment and impact statements; property,boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning and deed restrictions; all of which CLIENT agrees ENGINEER may rely upon the accuracy of same in performing services hereunder, and for which.ENGINEER shall have no liability. 4.5 Acquire all land,right-of-ways and easements required for the project. 4.6 Grant ENGINEER unconditional access to the property and make all provisions for the ENGINEER to enter upon public and private land as required for the performance of our service. 4.7 Examine all studies, reports, sketches, opinions of the construction costs, specifications, p° P drawings and proposals, and shall promptly render in writing decisions pertaining thereto within period mutually agreed.upon. I 4.8 CLIENT warrants and represents that he owns or has sole rights to,or has permission and authority to use documents prepared by his other consultants and/or prior consultants. • FAcadd13914.001Cf1RevPropo72508_Mtoller.doc 9 • 4.9 CLIENT shall release, defend, indemnify and hold the ENGINEER harmless from and against all claims and liabilities arising out of or resulting from the use of documents prepared by CLIENT'S previous or other professional consultants. 4.10 CLIENT shall release, defend, indemnify and hold the ENGINEER harmless from and against all claims and liabilities due to acts, errors or omissions made by the CLIENT, contractors, subcontractors and other consultants in the employ of the CLIENT on this project. 4.11 Give prompt written notice to the ENGINEER whenever the CLIENT observes or becomes aware of any site condition affecting the ENGINEER'S services on the project. 4.12 Furnish, or direct ENGINEER to provide,additional services as stipulated in Section 2 of this Agreement,or other services as required. 4.13 Secure permits and other approvals from all governmental authorities having jurisdiction over the project. SECTION 5-EXHIBITS AND GENERAL CONDITIONS This agreement is subject to the provisions of the following exhibits which are attached hereto, incorporated herein and made a part hereof: 5.1 EXHIBIT A, "GENERAL TERMS AND CONDITIONS" 5.2 EXHIBIT B, "FEE SCHEDULE" This agreement and the incorporated Exhibits identified above, constitute the entire integrated agreement between CLIENT and ENGINEER and supersedes all prior contemporaneous or subsequent written or oral understandings. SECTION 6-PROFESSIONAL RETAINER None Required. F:lcadd\3914.00\CtRevProp072508_Motler.doc 13 . A COWHEY GUDMUNDSON LEDER, LTD. will consider your signing and returning one (1) original of this Agreement along with the stipulated retainer as outlined in Section 6 (if applicable) as our authorization to proceed, based upon your project schedule. This offer to provide services will remain valid for a period of 90 days from the date of preparation by Cowhey Gudmundson Leder, Ltd. (as indicated below), after which time if it has not been accepted it will be subject to change. Thank you again for the opportunity to submit our proposal on this matter. Best regards, COWHEY GUDMUND SON LEDER,LTD. Dwight A rostle, P.E. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year below written. CLIENT: ENGINEER: CITY OF ELGIN COWHEY G UNDSON LEDER,LTD. BY: BY: //4",e.• GG7 Dwi A.Trostle TITLE: . TITLE: Principal DATE: DATE: July 25,2008 ATTACHMENTS: EXHIBIT A-GENERAL 1 ERMS&CONDITIONS EXHIBIT B -FEE SCHEDULE F:lcadd\3914.00\CriRevProp072508 Molier.doc 11 . I ! ' •• A IP. COWHEY I MO GUDMUNDSON IV, lS LEDER,LTD. File No.3914.00-CF Date:April 30,2008 Revised: July 25,2008 Page 1 EXHIBIT B FEE SCHEDULE PROFESSIONAL CONSULTING DESIGN AND CONSTRUCTION SERVICES FOR BEFF VILLA RELOCATION ELGIN, ILLINOIS CLIENT:CITY OF ELGIN SITE AREA:0.66+ TYPE OF DEVELOPMENT:RESTAURANT 4000: ` M - .�"'3.Xt" 4,T �. [ .e• ..:�T,a-`Y x� rl i,v-t }'St _� t t�fix.w. .c.ax 4 - ._ _. - 1.1 INVESTIGATIVE I DESIGN DEVELOPMENT&PRELIMINARY ENGINEERING PHASE 1.1A INVESTIGATIVE ENGINEERING PHASE-NOT INCLUDED 1.1 B DESIGN DEVELOPMENT/PRELIMINARY ENGINEERING PHASE .1 PRELIMINARY ENGINEERING PLAN/DOCUMENTS 800.00 .2 PUBLIC TESTIMONY/GOVERNMENT MEETINGS AND EXHIBITS HOURLY • SUB-TOTAL PROFESSIONAL SERVICE FEE 1.1 B(DOES NOT INCLUDE HOURLY FEES) $800.00 TOTAL PRELIMINARY ENGINEERING PHASE(DOES NOT INCLUDE HOURLY FEES) $800.00 i.2 FINAL DESIGN/CONSTRUCTION CONTRACT DOCUMENT PHASE -1 FINAL ENGINEERING DOCUMENTS 8,750.00 .• 800.00 _2 PERMIT APPLICATIONS/PROCESSING 3,80000 .3 EARTHWORK ANALYSIS 400.00 i.. . .4 ENGINEERS OPINION OF PROBABLE COST 350.00 h. . .5 CLIENT CONSULTATION/MEETINGS HOURLY .6 PUBLIC TESTIMONY/GOVERNMENT MEETINGS AND EXHIBITS TOTAL FINAL DESIGN/CONSTRUCTION CONTRACT DOCUMENT PHASE(DOES NOT INCLUDE HOURLY FEES) $13,600.00 1.3 CONSTRUCTION ENGINEERING SERVICES PHASE-NOT INCLUDED AT THIS TIME 1.4 NATURAL RESOURCES SERVICES PHASE-NOT INCLUDED 1.5 SURVEYING-DESIGN AND PLATTING PHASE .1 SITE GEOMETRY CALCULATIONS 400.00 .2 TOPOGRAPHIC SURVEY(OPTION) 1,400.00 TOTAL SURVEY-DESIGN AND PLATTING PHASE $1,800.00 1.6 SURVEYING'-SITEWORK CONSTRUCTION PHASE .1 CONSTRUCTION STAKING SERVICES 3,000.00 TOTAL SURVEY-SITEWORK CONSTRUCTION PHASE $3,000.00 1.7 SURVEYING-BUILDING CONSTRUCTION PHASE-NOT INCLUDED SUB-TOTAL ALL PROFESSIONAL FEES(1.1 B-1.2) $19,200.00, ACT Y' s ems ` x . *z CONTRA ,� t PFIASE Ci.UNT 3 EM aES iRTPL V i 9 °� Y.= AMOUt� ;. 19.9 REIMBURSABLE EXPENSES: REIMBURSABLES EXPENSES FOR ALL PHASES OF WORK INCLUDING PRINTS,SEPIAS,MYLARS,PURCHASED DOCUMENTS,EXHIBITS,REPORT COPIES,ELECTRONIC DATA TRANSFER EFFORTS,OVERNIGHT MAIL SERVICES,MESSENGER AND DELIVERY SERVICE,ETC. BUDGET FEE AMOUNT 800.00 ! II !TOTAL CONTRACT FEE(INCLUDING REIMBURSABLES BUDGET) $20,000.00 • • • • • • • • • • • • • •.Y