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HomeMy WebLinkAbout19-96 Resolution No. 19-96 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DEWBERRY ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE CIVIC PLAZA REPLACEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Dewberry Engineers, Inc. for professional engineering services in connection with the Civic Plaza Replacement Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk Dewberry. TRANSMITTAL Date: June 4, 2019 Project Name: Civic Center Plaza Improvements Project#: To: Mike Lehman Phone: 847-214-5880 City of Elgin CC: 1250 Bowes Creek Boulevard Elgin, IL 60124 RE: Elgin Civic Center Plaza- Engineering Agreements Separate cover Pick up Prints Product literature U.S.mail X Overnight carrier Copies Computations Messenger Hand delivery Reports CDs/DVDs Studies Other Reproducible 3 6/4/19 Three Signed Original Agreements—Civic Center Plaza Improvements Design 1 Substance Abuse/Alcohol and Drug-Free Workplace Per your request For review&comment For revision&submission Other x For approval For your file/use For distribution Comments: Mike, Let me know if you have questions or need anything else. Received: Signed: Michael Breitbach, P.E Civil Engineering Dept. Manager 401 SW Water Street Peoria, IL 61602 309-282-8164 nr,. „t ,. { p:ea._. ;:y .:s c _ 1 of 1 Cityof Elg E LG I N THE CITY IN THE SUBURBS- Professional Services Agreement Engineering Services Plaza Replacement AGREEMENT THIS AGREEMENT is made and entered into this26thday of June ,2019,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Dewberry Engineers, Inc., an Illinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional Engineering services in connection with the CITY'S Civic Plaza Replacement Project(hereinafter referred to as the "Project"); and WHEREAS, the ENGINEER represents that it 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 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 ENGINEERING matters involved in the PROJECT as described herein, 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 Mike Lehman, hereinafter referred to as the "DIRECTOR". B. The ENGINEER (ENGINEER/Dewberry Engineers) shall provide to the CITY the various engineering and architectural, construction documentation and construction administration services for the Project. The ENGINEER will use previously prepared surveys and documents to verify existing conditions including a land survey (topography), utility survey, survey of existing electrical and storm drains. These documents will be used in creating a set of documents for the Project suitable for bid,permit and construction purposes;and construction administration. C. A detailed Scope of Services for the Project is attached hereto and made a part hereof as Attachment A. 2. PROGRESS REPORTS A. The ENGINEER shall provide the services according to the schedule as outlined in Attachment A attached hereto. B. Progress will be recorded on the agreed upon project schedule for each individual project as outlined on Attachment A and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product 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 product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other Engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER A. The CITY shall pay to the ENGINEER for services under this Agreement at the rate of personnel employed on the PROJECT as set forth in Attachment B hereto and made apart hereof, with the total amount not to exceed One Hundred Sixty- Eight Thousand Four Hundred Dollars ($168,400) regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the Project are authorized in writing by the DIRECTOR and approved by way of a written amendment to this Agreement, and executed by the parties hereto. B. For outside services provided by other firms or subconsultants, if any, and for any reimbursable expenses including for any deliverables, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus zero percent. The cost of any outside services or any such reimbursable expenses for deliverables or otherwise are included within the not-to-exceed fee amount of$168,400. C. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(30)days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amount shown below in the following schedule, and full payments for each task shall not be made until the task in completed and accepted by the DIRECTOR. The project includes the following general tasks: 1. Schematic Design Phase: $ 25,080 2. Design Development Phase: $ 49,930 3. Contract Documents Phase: $ 65,140 4. Bidding Phase: $ 4,850 5.Construction Phase: $ 23,400 Total $168,400 D. All phases of the Project are tentative and subject to final approval by the DIRECTOR. The CITY may add or delete or modify portions of the Project any time at the CITY'S discretion. In the event that additional services are requested by the CITY for which the ENGINEER seeks additional compensation, such additional services and any such additional compensation shall require a written amendment to this Agreement approved by the parties hereto. ENGINEER'S hourly rates for any such additional services are set forth in Attachment B hereto. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C 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. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed prior to termination,except that in no event shall such payments exceed the total amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article 6, shall be deemed concluded on the date the CITY determines in writing that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY,the ENGINEER shall give written notice of its claim to the DIRECTOR within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are agreed to 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.All decisions of the DIRECTOR pursuant to this section shall be final and binding, and shall not be subject to litigation in any forum. 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. Notwithstanding the foregoing or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers,employees,agents,boards and commissions from and against any and all claims, suits, 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 ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. 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. 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 Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, 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. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence 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. 15. 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. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agree 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. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope or intent of any provision of this Agreement,nor shall they be construed to affect the interpretation, construction or application of the terms and provisions thereof in any manner. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal 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 such policies shall be provided by the ENGINEER to the Illinois Department of Human Rights upon request pursuant to 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM As a condition of this Agreement, the ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Projects Act at 820 ILCS 265/1,et seq. A copy of such policy shall be provided to the Director prior to entry into an execution of this Agreement. 27. 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. 28. 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: Mike Lehman Director of Golf Operations City of Elgin 1250 Bowes Creek Boulevard Elgin, Illinois 60124 B. As to ENGINEER: Jonathan Tallman Dewberry 132 North York Street, Suite C Elmhurst, Illinois 60126-3079 29. 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 ENGINEER 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, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'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. ENGINEER 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 ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs of such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By By Q^^AO( - nitAA-- ' ick Kozal, CI y Mana r David Evers, Business Unit Manager • - t: Kim Dewis, C.► lerk F\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-04-17-08 doc City of Elgin—Civic Center Plaza Improvements ATTACHMENT A PROJECT UNDERSTANDING The improvement to the City of Elgin Civic Center Plaza area adjacent to the Hemmens Cultural Center and the 2nd District Appellate Court Building has been studied at various points in time over past several years.A preferred plaza conceptual layout was selected in 2018. This planning and design scope of work noted below will utilize the 2018 preferred plaza conceptual layout as the basis for the work. The scope of work will include architectural and engineering services to provide additional Schematic Design services, Design Development services, preparation of Construction Documents, and Bidding/Construction Administration services for the proposed improvements. The proposed plaza development will include site demolition (sidewalks, curb & gutter, parking lot, trees, etc), proposed civil site improvements (sidewalks, pavements, water main extensions, miscellaneous drainage improvements, irrigation system, etc), landscape design (including benches, flag poles, gateway signage, etc), proposed site lighting improvements, and architectural monument design. In addition to the City's assigned Project Manager, the improvements will be coordinated through appropriate City of Elgin staff including the Historic Preservation Planner, Utilities Director, Building Maintenance Superintendent, and the Land Management Superintendent. All communication between Dewberry staff and the City of Elgin staff will include the City's Project Manager. The City's Project Manager will have the final authority on all items related to this project. SCOPE OF WORK Dewberry proposes the following tasks to complete the Civic Plaza Renovation: Task 1: Schematic Design Task 2: Design Development Task 3: Construction Documents Task 4: Bidding and Construction Administration DETAILED PROJECT APPROACH The following summarizes Dewberry's approach to the Project by Task, including major milestones and pricing. In 2016 under a previous contract, topographic and utility surveys of existing conditions were completed in anticipation of the plaza replacement. Dewberry preformed concept designs of the plaza improvements at that time. In 2018, a preferred alternative was selected that represented the scope of the site improvements. Those documents will be used as the starting point in this process. Task 1: Schematic Design • Project Coordination: Coordination with City of Elgin staff and project team. Participation in up to three (3) design coordination meetings is expected including an SD kick-off meeting, interim coordination meeting to discuss alternatives and evaluations, and a coordination meeting to refine/approve the preferred schematic design alternative. • Evaluation of Existing Site Conditions: Observe and photograph site and review existing site data for preparation of a base map for the site. • Prepare conceptual landscape alternative plans including appropriate plan views, sections, elevations, and comparable photographic images. Prepare budgetary cost opinions for each conceptual alternative. • Perform evaluation of conceptual design alternatives. Evaluation of alternatives to include study of feasibility and impacts to construction cost. • Finalize and update Schematic Design Phase Plan for the preferred alternative. Deliverables:Alternative Concepts and Budget Cost Opinions, and Refined Preferred Concept. Task 2: Design Development • Project Coordination and Management: Management of the project including the following specific items: o Coordination with City of Elgin staff on the planning and implementation of the site improvements. Interim submittals will be provided to city staff for review and comment at appropriate points during the design process. o Coordination with various agencies that have permitting and/or review jurisdiction of the improvements including utilities (i.e. water, sewer, communication, etc) and State of Illinois agencies (2nd District Appellate Court) in the project area. o Inter-discipline Coordination (electrical, civil, irrigation, landscape, architectural, etc). o Attendance at one (1) City of Elgin Council Meeting for presentation of Design Development Phase drawings and estimates. • Site Visits: One (1) site visit will be performed by civil, electrical, irrigation, and landscape designers to determine existing conditions, verify the topographic survey, verify existing plantings and to discuss project with appropriate City personnel (i.e. utilities, project stakeholders, etc). • Research Elgin Development Requirements: This will include research of City of Elgin design and development requirements via on-line references and telephone conversations with City of Elgin staff as required. • Provide topographic survey to supplement 2016 topographic survey of the project site. The supplemental survey is required for the area of the proposed water main extension towards the east. • Preparation of preliminary design elements including civil site plans, electrical lighting plans, landscape design, and miscellaneous architectural planning for the site. o The civil site plan preliminary documents will include site development plan, site grading plan, drainage plan, irrigation plan and water main relocation plan. Water main relocation planning to include relocation of existing water main that currently services City Hall, proposed "loop" extension of water main, and redesign of the irrigation system for the Hemmens Cultural Center. o Electrical plans will include a site plan noting proposed location of light poles/fixtures and a typical detail. o Prepare preliminary plan for landscape design elements. ■ Prepare Design Development Documents illustrating the final size, horizontal and vertical geometry, structure, materials, finishes, as appropriate, for the proposed improvements including: • Walks and pedestrian areas; • Trees, shrubs, perennials and other plantings; • Benches, trash containers, planters, bike racks, flag poles, and other site furnishings; • Fences, railings and walls; • Wayfinding and sign graphics; • Gateways and monuments; • Site amenities, sculpture and artwork(non-custom); • Lighting (fixture types, selection and location only); • Surveillance system; • Audio System. • Collect and review Product Data and Materials Samples. • Prepare Outline Specifications. • Prepare a summary of quantities and updated Construction Cost Opinion. • Participate in coordination meeting for review of Design Development documents. o Miscellaneous Architectural Planning: Plans will also include maintenance treatment to the retaining walls adjacent to the "lower" entrance to the Hemmens Cultural Center. Final finish of the retaining walls shall be acceptable to a "mural" application. o Prepare design concept for Civic Center Plaza Monument. • Prepare a preliminary Estimate of Probable Construction Costs. Deliverables: 50% Design Development drawings including Civil Site Plans (grading, drainage, irrigation and utility), Electrical Plans (light pole/fixture location plan and detail), Landscape Plans (Landscape Site Development Plan and landscape product data and materials samples), Miscellaneous Architectural Plans (information on proposed Plaza Monument and retaining wall surface maintenance), and Preliminary Estimate of Cost. Task 3: Construction Documents • Project Coordination and Management: Management of the project including the following specific items: o Coordination with City of Elgin staff on the planning and implementation of the site and landscape improvements. o Coordination with various agencies that have permitting and/or review jurisdiction of the improvements including utilities (i.e. water, sewer, communication, etc) and State of Illinois agencies (2nd District Appellate Court) in the project area. o Inter-discipline Coordination (electrical, civil, irrigation, landscape, architectural, etc). • Design Phase On-Site Meeting: One (1) on-site design related meeting. • Update and finalize civil site and electrical discipline related calculations that were conceptually prepared in design development. • Prepare and finalize civil engineering, electrical engineering, site irrigation engineering and landscape architecture plan sheets. • Prepare project specifications and landscape planting specifications. • Prepare Civic Center Plaza Monument design plans. • Prepare landscape site amenity detail sheet with appropriate specifications (benches, waste receptacles, bicycle racks, drinking fountain and flagpoles). • Prepare Erosion Control Permit. • Coordinate permitting requirements with the City of Elgin and state/county agencies as required. • Prepare Estimate of Probable Construction Cost Deliverables: Construction Documents (Plans and specifications) for Bidding, Estimate of Probable Construction Cost. Task 4: Bidding and Construction Administration • Attend one (1) Pre-Bid Meeting • Respond to bidder questions during the bidding phase of project. • Preparation of one (1) project addendum. • Respond to construction Requests for Information (RFIs) • Attend Pre-Construction Meeting • Construction Site Visits: Up to ten (10) site visits by the project Engineer for construction observation and verify concurrence with project requirements. The site visits during the construction of the underground utility improvements (i.e. watermain extension) are not included in this scope of service item. See specific exclusions below. • Site visits by Landscape Architect for construction observation and verify concurrence with project requirements. • Site visits by Irrigation System Designer for construction observation and verify concurrence with project requirements. • Landscape Architect to visit local nurseries with Contractor to select specified plant material. • Punch List Visit: Prepare a punch list of items to be completed for each discipline (i.e. civil, electrical, landscape architectural, irrigation). • Review shop drawings and material submittals. • Provide as-built record drawings of improvements. Deliverables: Payment applications, site visit logs, and shop drawings reviews. Based on work previously completed and future "additional"scope items, the following items are excluded from the design scope of services: • Construction observation site visits associated with the underground construction of water main relocation is excluded from this scope of services. • Research of existing utility easements. • Design of utility relocations (i.e. electrical, water, communication, gas, etc) not including proposed water main relocation/loop. • Design of Stormwater Management facilities (i.e. detention basins or underground detention). • Modifications, remediation or re-design of the Hemmens roof deck plaza. • Refine the preferred conceptual design and prepare presentation of quality, 3- dimensional Illustrative Graphics. • Design Development, Construction Document, Bidding Phase and Construction Administration Phase services associated with custom landscape and hardscape design items. ill lyd I ■ 17,1 1 ®tms•— -- .f ,e : ,-- N\ 4 kailt;"r-- :.:A1111P-.4 :,4191 -. t R R •/ll..i.11 ti t l ;��` _ vai, I I.�. _li‘._..-.-.._ ® t e x_::14._ d ile=' 1,!: 0 iia o p��ir� - ew-: Iffit- e .. .!*:'. 0\ ‘iii opt •mac \ \j— ®CONCEPTUAL SITE PLAN ELGIN CIVIC PLAZA Dewberry CONCEPTUAL SITE PLAN owwbenv as meds Inc OER3f2017 PROJECT NO.50093264 Schedule This schedule is an estimated time table and is subject to change as needed and agreed upon by both parties. June 28, 2019—City Council final contract approval — Notice to Proceed July 1 thru July 26, 2019—Schematic Design Phase August 23, 2019: Submit 100% Design Development Plans to City August 16, 2019: Submit IEPA Water Main Extension Permit for Approval September 13, 2019: Submit 90% Construction Documents to City September 27, 2019: Submit 100% Construction Documents to City Week of October 14 thru October 18, 2019: Bid Opening Attachment B Standard Hourly Billing Rate Schedule Dewberry I Hourly Rates Professional Principal $280.00 I Architect 1,11,111 $85.00,$100.00,$115.00 Architect IV.V.VI $130.00,$145.00,$165.00 Archilecl VII.VIII,IX $185.00,$200.00,$220.00 Interior Designer I.II,III,IV . $85.00,$95.00,$110.00,$150.00 Engineer 1,11111 $100.00,$110.00,$125.00 Engineer IV,V,VI $140.00,$160.00.$180.00 Engineer VII,VIII,IX $200.00.$215.00,$235.00 Professional I,II.Ill $95.00.$110.00.$125.00 Professional IV,V.VI i $140.00.$155.00.$170.00 Professional VII,VIII.IX $190.00.$215.00.$235.00 Technical Geographer!GIS 1.11.111 $85.00,$95.00,$110.00 Geographer/GIS IV,V,VI r $120-00.$135.00,$150.00 Geographer:GIS VIIVIII.IX ; $180.00,$200.00.$225 00 Designer 1,11,111 $100.00,$115.00,$135.00 Designer IV,V.VI $150.00,$175 00.$200 00 CADD Technician I.II,III,IV $70.00.585.00,$95.00,$120.00 Surveyoi 1,11111 $60.00.$70.00,$80.00 Surveyor IV.V.VI $100.00.$105.00,$120.00 Surveyor VILVIILIX $140.001$165.00,$185.00 Technical 1.11.111 $70.00.$85.00,$105.00 Technical IV,V.VI $115.00.$130.00.$150,00 Construction Construction Professional 1.11.111 $120.00,$135 00,$160 00 Construction Professional 1V.V,V1 $180.00,$200.00,$225.00 Inspector 1,11,111 ' $80.00.$100.00.$115.00 Inspector IV,V,VI $135.00.$145.00,$160.00 Administration Admin Professional 1.11.III.IV $65.00.$85.00,$100.00,$125.00 Non-Labor Direct Costs Cost, 15% Company Confidential and Proprietary Dewberry. 7 23 1F.'Subwct Rovesion Standard Hourly Billing Rate Schedule 1 Dewberry MEMORANDUM Date: June 3, 2019 To: Mike Lehman, City of Elgin From: Mike Breitbach, Dewberry Engineers Inc. Subject: Substance Abuse/Alcohol and Drug-Free Workplace The following policy is from the Dewberry Employee Manual (Section 6.04) 6.04 Substance Abuse/Alcohol and Drug-Free Workplace It is Dewberry's intent to maintain a work environment that is free from the effects of substance abuse. This policy is designed to protect the Company's property,equipment,and operations,and to protect the safety of our staff, clients,and the general public. A drug-free workplace will be maintained to ensure the reputation,confidence,and quality of the Company within the community and our industry. To maintain a safe,healthy,and comfortable work environment and ensure compliance with applicable laws,smoking and the use of other tobacco products (including e-cigarettes)is not permitted inside any Dewberry office. Smoking and the use of tobacco products (including e-cigarettes)is permitted only in designated areas. The serving of alcoholic beverages on company premises or at any function bearing the name of the firm requires prior authorization of the CEO/COO. In those instances where alcoholic beverages are provided,the firm will make transportation available to any individual attending upon request. The consumption of alcohol shall never be mandatory or a condition of an employee's employment:it is always at the employee's discretion. The consumption of alcohol will not be considered a violation of this policy if(1)the employee consumes alcohol responsibly and in a moderate amount;(2)the employee's consumption of alcohol does not impair the employee's judgment or jeopardize the safety of the employee or others;and(3)the employee's consumption of alcohol does not violate any laws concerning the consumption of alcohol or being under the influence of alcohol. Employees are required to report to work and remain in appropriate mental and physical condition to perform their duties. Employees may not be under the influence of any substance including alcohol and/or drugs,legal or illegal, which adversely affect their ability to perform their duties in any way. The unlawful manufacture,distribution, dispensation,possession,or use of a controlled substance on Company premises or while conducting Company business off Company premises is absolutely prohibited. Violations of this policy will result in disciplinary action up to and including termination. Depending on the circumstances,violations may also be referred to law enforcement agencies. The Company recognizes drug and alcohol dependency as an illness and a major health problem. Employees needing help in dealing with such problems are encouraged to contact the Company's Employee Assistance Provider to arrange for assistance. Conscientious voluntary efforts to seek such help will not,alone,jeopardize any employee's job,and will not be noted in any personnel record. However,seeking treatment will not shield an employee from disciplinary action for misconduct,policy violations,absenteeism,etc. Employees must,as a condition of employment,abide by the terms of the this policy and report to Human Resources any conviction under a criminal drug statute for violation(s)occurring on Company premises or off Company premises while conducting Dewberry business. A report of a conviction must be made within five days after the conviction. This requirement is mandated by the federal Drug-Free Workplace Act of 1988. The Company has a program of drug and/or alcohol testing for certain employees working in"sensitive"positions under certain Department of Defense(DOD)contracts or on contracts with provisions requiring drug testing. Additional drug and/or alcohol testing may be conducted under the following conditions: ❑As part of,or as a follow-up to,counseling or rehabilitation for illegal drug-use. 0 When there is"reasonable suspicion"that an employee is using illegal drugs or alcohol in the workplace or has reported to work under the influence. ❑When testing appears warranted and requires approval from the head of HR,when an employee is involved in an accident while on the job. ❑As part of a voluntary testing program,if and when such a program is begun by the Company. t;:nrr.i :,±_,, ' 1 of 2 Dewberry MEMORANDUM If an employee is required to take a drug and/or alcohol test,they will have to promptly complete the test at a facility specified by HR. If the employee's test results in a positive reading,the employee will be immediately suspended without pay (employee may supplement with annual leave,not personal leave)and be given 3o calendar days from the date of the positive result to provide Human Resources with a negative test result or a satisfactory explanation for the positive test result. Any exceptions to this 3o day requirement must be reviewed and approved by the Executive Director of HR,General Counsel,CEO,and the applicable Operating Unit Manager. If the employee fails to provide a negative result or satisfactory explanation within the specified timeframe,the employee may be terminated. If negative test results are received within the specified timeframe,the employee may be reinstated to their previous position. They may be required to submit to random drug testing during the next 12 months. At the point of notification,the employee will immediately be directed to report to the facility designated and complete the test. Any employee under ongoing drug and alcohol testing and who subsequently tests positive,may receive additional discipline up to and including termination. ' 2 of 2