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HomeMy WebLinkAbout20-7 Resolution No. 20-7 RESOLUTION, AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE MCLEAN AND BIG TIMBER ROAD RAILROAD SIGNAL IMPROVEMENTS 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 Hampton, Lenzini and Renwick, Inc. for engineering services in connection with the McLean and Big Timber Road Railroad Signal Improvements Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 8, 2020 Adopted: January 8, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • Local Public Agency Consultant City of ElginL Illinois Department Hampton, Lenzini and Renwick, Inc. o of Transportation � County C 0 Address Kane A N 380 Shepard Drive Section L S City 14-00185-00-TL U Elgin Project No. A Preliminary Engineering State RRP-4003(352) Services Agreement IL Job No. For T Zip Code C-91-372-14 E Federal Participation A 60123 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Ronald Rudd,PE C T Randal Newkirk,PE (847)931-6081 Y (847)697-6700 rudd recitvofelain.ora rnewkirke,hlrena.com THIS AGREEMENT is made and entered into this 8.th day of January , 2020 between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name McLean Blvd at METRA Railroad Route Length <0.1 mi Structure No. Termini at Big Timber Road Description Traffic signal improvement at the intersection McLean/METRA Railroad/Big Timber Road. Project will use Local Agency Railway-Highway Grade Crossing Improvement Funding. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LPA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LPA or STATE. 3. To complete the services herein described within 640 calendar days from the date of the Notice to Proceed from the LPA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER hassufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors,omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or.for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGIN EER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA. • Page 1 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23:56 PM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission,percentage, brokerage, contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm,organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee, contribution,donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records,making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each paym ent from the LPA. 11. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. O Prepare applications for U.S.Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. El Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or •culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the cur rent Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. O Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. O Prepare preliminary roadway and drainage structure plans and meet with representatives of the LPA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ 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. ❑ Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LPA with survey and drafts in quadruplicate 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. Page 2 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23:56 PM II. THE LPA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF= 14.5%[DL+ R(DL)+OH(DL)+IHDC],or El CPFF= 14.5%[DL+ R(DL)+1.4(DL)+IHDC),or 0 CPFF= 14.5%[(2.3+ R)DL+IHDC] • • Where: DL= Direct Labor IHDC=In House Direct Costs OH =Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate 0 (Pay per element) Lump Sum 0 • 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage • a) For the first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA,monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGIN EER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA,monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE,a sum o money equal to the basic fee as determined in this AGREEMENT less the•total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race,color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). 5. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 I LCS 510,the Brooks Act 40USC 11, and Procurement, Management, and Administration of Engineering and Design related Services(23 CFR part 172). Exhibit C is required to be completed with this agreement. III. IT IS MUTALLY AGREED, • 1. That no work shall be commenced by the ENGINEER prior to issuance by the LPA of a written Notice to Proceed. 2. That tracings,plans,specifications,estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches,charts and other data prepared or obtained in accordance with this AGREEM ENT shall be made available, upon request,to the L PA or to the STATE, without restriction or limitation as to their use. Page 3 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23:56 PM 3. That all reports, plans,estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LPA and the STATE before final acceptance. During the performance of the engineering services herein provided for,the ENGIN EER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain,for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE;and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumpt ion in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The'payment by the LPA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the STATE,and their officers, agents and employees from all suits,claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER'S last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings, plats,surveys, reports, permits,agreements,soils and foundation analysis,provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(30ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to,suspension of contract or grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification, "grantee"or "contractor"means a corporation, partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant, or a department, division or other unit thereof,directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution, dispensing, possession or use of a controlled'substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling,rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten(10)days after receiving notice under part (B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and • indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 8 BLR 05610(Rev.05/31/19) • Printed on 8/1/2019 3:23:56 PM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 11. When the ENGINEER is requested to complete work outside the scope of the original AGREEMENT, a supplemental AGREEMENT will be required. Supplements will also be required for the addition or removal of subconsultants,direct costs,the use of previously unspecified staff, and other material changes to the original AGREEMENT. • Agreement Summary Prime Consultant: TIN Number Agreement Amount Hampton, Lenzini and Renwick, Inc. 36-2555986 $137,127.19 Sub-Consultants: TIN Number Agreement Amount Rubino Engineering, Inc. $4,000.00 • Sub-Consultant Total: $4,000.00 Prime Consultant Total: 137,127.19 Total for all Work: 141,127.19 Executed by the LPA: City of Elgin (Municipality/Township/County) ATTEST By: haiS By: -"le-A ::‘ • al/e Kimberly A. Dew Clerk Title: Richard G. Kozal, City Mane_ (SEAL) Executed by the ENGINEER: • ATTEST: • 72By: By: if•--/etn9— Title: Carr). .J�Cc/�4,7 Title: -Prec dvw k I C c Q Page 5 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23:56 PM PAYROLL ESCALATION TABLE ANNIVERSARY RAISES COST PLUS FIXED FEE FIRM NAME Hampton,.Lenzini and Renwick, Inc. DATE 08/01/19 PRIME/SUPPLEMENT Prime PTB NO. CONTRACT TERM 21 MONTHS OVERHEAD RATE 149.72% START DATE 10/1/2019 COMPLEXITY FACTOR 0 RAISE DATE ANNIVERSARY %OF RAISE 3.00% ESCALATION PER YEAR DETERMINE THE MID POINT OF THE AGREEMENT 10.5 CALCULATE THE ESCALATION FACTOR TO THE MIDPOINT OF THE CONTRACT 2.63% The total escalation for this project would be: 2.63% • Page 1 of 9 PREPARED BY THE CONSULTANT BDE 3604 Template(Rev. 10/31/16) PAYROLL RATES FIRM NAME Hampton, Lenzini and Re DATE 08/01/19 PRIME/SUPPLEMENT Prime PTB NO. ESCALATION FACTOR 2.63% CLASSIFICATION CURRENT RATE CALCULATED RATE Principal $71.00 $72.86 Engineer 6 $57.75 $59.27 Engineer 5 $50.97 $52.31 Engineer 4 $48.00 $49.26 Engineer 3 $41.33 $42.41 Engineer 2 $33.56 $34.44 Engineer 1 $26.79 $27.49 Structural Engineer 2 $63.17 $64.83 Structural Engineer 1 $49.63 $50.93 Technician 3 $40.83 $41.90 Technician 2 $34.75 $35.66 Technician 1 $24.83 $25.48 Intern/Temporary $15.00 $15.39 Land Acqusition $41.17 $42.25 Survey 2 $41.83 $42.93 Survey 1 $33.63 $34.51 Environmental 2 $43.00 $44.13 Environmental 1 $22.75 $23.35 Administrative 2 $41.00 $42.08 Administrative 1 $20.79 $21.34 • BDE 3604 Template Printed 8/1/2019 PREPARED BY THE CONSULTANT (Rev. 10/31/16) COST PLUS FIXED FEE • COST ESTIMATE OF CONSULTANT SERVICES FIRM Hampton,Lenzinl and Renwick,Inc. DATE 08/01/19 PTB OVERHEAD RATE 1.4972 PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES % • DROP ITEM MANHOURS PAYROLL & DIRECT FIXED Direct BY DBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A) (B) (C) (D) (E) (F) (G) (H) (B-G) Data Collection 374 13,715.67 20,535.10 5,074.80 4,400.00 4,000.00 47,725.56 33:82% Phase I-Prel.Eng. 88 3,452.53 5,169.13 1,277.44 9,899.10 7.01% Phase II-Design Eng. 396 17,804.66 26,657.13 6,587.72 51,049.51 36.17% Phase III-Constr.Eng. 180 8,236.89 12,332.27 3,047.65 23,616.80 16.73% QA/QC/Admin 52 3,081.83 4,614.11 1,140.28 8,836.22 6.26% • Subconsultant DL 0.000.00 0.00% TOTALS .1090 46,291.57 69,307.74 0.00 17,127.88 4,400.00 4,000.00 0.00 141,127.19 100.00% DBE 0.00% DBE • Page 4 of 9 BDE 3604 Template Printed 8/1/2019 3:17 PM PREPARED BY THE CONSULTANT (Rev.10/31/16) AVERAGE HOURLY PROJECT RATES FIRM Hampton, Lenzini and Renwick,Inc. PTB DATE 08/01/19 PRIME/SUPPLEMENT Prime SHEET 1 OF 5 PAYROLL AVG TOTAL PROJECT RATES Data Collection Phase I-Prel.Eng. Phase II-Design Eng. Phase Ill-Constr.Eng. QA/QC I Admin HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg 0 Principal 72.86 0 0 Engineer 6 59.27 111 10.18% 6.04" 10 2.67% 1.58 1 1.14% 0.67 8 2.02% 1.20 40 22.22% 13.17 52 100.00% 59.27 Engineer 5 52.31 326 29.91% 15.64 63 16.84% 8.81 31 35.23% 18.43 232 58.59% 30.65 Engineer 4 49.26 0 Engineer 3 42.41 44 4.04% 1.71 16 4.28% 1.81 28 7.07% 3.00 Engineer 2 34.44 27 2.48% 0.85 • 3 0.80% 0.28 24 27.27% 9.39 Engineer 1 27.49 259 23.76% 6.53 165 44.12% 12.13 24 27.27% 7.50 70 17.68% 4.86 Structural Engineer 2 64.83 • 0 Structural Engineer 1 50.93 0 Technician 3 41.90 140 12.84% 5.38 140 77.78% 32.59 Technician 2 35.66 116 10.64% 3.80 52 13.90% 4.96 8 9.09% 3.24 56 14.14% 5.04 Technician 1 25.48 0 Intern/Temporary 15.39 0 Land Acqusition 42.25 0 Survey 2 42.93 50 4.59% 1.97 48 12.83% 5.51 2 0.51% 0.22 Survey 1 34.51 16 1.47% 0.51 16 4.28% 1.48 Environmental 2 44.13 0 Environmental 1 23.35 0 Administrative 2 42.08 1 0.09% 0.04 1 0.27% 0.11 Administrative 1 21.34 0 0 0 0 0 0 0 0 0 0 TOTALS 1090 100% $42.47 374 100% $36.67 88 100% $39.23 396 100% $44.96 180 100% $45.76 52 100% $59.27 BDE 3604 Template Page 5 of 9 (Rev. 10/31/16) Printed 8/1/2019 3:17 PM PREPARED BY THE CONSULTANT . HAMPTON, LENZINI, AND RENWICK, INC. 'i Civil Engineering • Structural Engineering • Environmental Services • Land Surveying EXHIBIT A City of Elgin McLean Boulevard / Big Timber Road / Metra RR Crossing Traffic Signal / RR Signal Improvements Project Description The proposed project involves safety improvements at the existing McLean Boulevard Metra Railroad Crossing. The improvements will include the adjoining signalized intersection of McLean Boulevard with Big Timber Road to the north and the unsignalized intersection with Timber Drive to the south. Improvements will include upgrades to the traffic signals at McLean Blvd and Big Timber Road, including the possible addition of traffic signal control to McLean Blvd and Timber Drive. The two intersections will be operated by one signal controller, which will maintain its integration with the existing railroad warning devices. Modifications to the traffic signal — railroad interconnect will be determined via coordination between the City, Metra, the Union Pacific Railroad (UPRR) and the Illinois Commerce Commission (ICC). The base proposal assumes that an ICC hearing will not be required. Proposed Scope of Services • HLR will complete the following tasks to obtain the required IDOT approvals needed for these federally-funded safety improvements. We will coordinate our work with the City as is timely to provide opportunities for discussions, reviews and approvals. • Project Initiation and Data Collection • Prepare minutes of the Elgin j IDOT Phase I engineering kick-off meeting held at the Elgin Public Works office on May 6. • Order JULIE locates for utilities within the limits of the project. • Obtain and review existing / as-built plans available from the City. • Check existing right-of-way and easements using tax maps, on-line databases and subdivision plats available from the City's records. • Conduct a field inspection of the project site to observe existing traffic operations and view locations of visible utilities and other features that must be accounted for in the proposed design. • Coordinate with Metra, the UPRR and ICC to determine their requirements for the extent of improvements needed for the railroad crossing warning devices and for their preliminary review of signal sequence-of-operation alternatives. • Conduct a topographic survey sufficient to prepare traffic signal plans. The survey will include pavement centerlines and edges, curb lines, pavement markings, traffic signal and railroad signal equipment, signs, visible utilities, visible right-of-way monumentation and features outside the ROW that may affect the placement of signal equipment. Import the survey data and prepare CADD files for plan sheets. 380 Shepard Drive 3085 Stevenson Drive, Suite 201 1335 Lakeside Drive, Unit 4 Elgin,Illinois 60123-7010 Springfield, Illinois 62703 Romeoville,Illinois 60446 Tel.847.697.6700 Tel. 217.546.3400 Tel. 847.997.1211 Fax 847.697.6753 Fax 217.546.8116 Proposed Scope of Services (continued) Page 2 of 3 • Coordinate with our geotechnical subconsultant, Rubino Engineering, to obtain soil borings and a geotechnical report. We will review the findings to select proposed traffic signal mast arm foundation designs. • Prepare a PESA and PSI for the site. This will include collecting soil samples during the soil borings operation and deliver them to Prairie Analytical Systems for lab analyses. This will provide soil characterization sampling for Illinois EPA LPC#663 for disposal of excess excavated soils. Due to the railroad and gas stations adjoining the intersections, it is assumed that contamination will be found. • If a traffic signal or right-in-right-out at Timber Drive is desired the following will be needed: o Obtain peak period turning-movement traffic counts at McLean Blvd / Big Timber Road and McLean Blvd / Timber Drive, classified by vehicle type, bicycles and pedestrians. This will include tracing counts of vehicle movements that cross the railroad tracks and enter or exit Timber Drive. This information may be desired if the ICC or railroad recommends restricting Timber Drive to right turns only as a safety measure. The data will demonstrate that most large truck traffic enters Timber Drive from the McLean Blvd north approach. o Analyze traffic flow through the intersection based on future traffic projections using the Highway Capacity Software (HCS) o Prepare an Intersection Design Study (IDS) and submit to IDOT for approval • Prepare for and represent the City at an ICC hearing, if required for the modification to the railroad warning system and/or modifications to the traffic signal plan and sequences of operation. These hearings are typically held in Chicago. Phase I (Preliminary) Engineering • Prepare an analysis of signal phasing to operate the McLean Blvd / Big Timber Road signalized intersection. A future Timber Drive signal evaluation will be considered. • Prepare a project location map, existing and proposed typical cross sections and an aerial photo exhibit as required for the IDOT Phase I submittal package. • Conduct further coordination with Metra, the UPRR and ICC for review of preliminary engineering. • Prepare IDOT's BLR 19100 Categorical Exclusion Group I approval form, assemble the Phase I submittal package and submit to IDOT for District 1 approval. Phase II (Design) Engineering • Design and prepare plans for temporary and permanent traffic signals including pavement markings, pay items, quantities, cost estimates, specifications and special provisions. Prepare the traffic signal sequence of operation, railroad preemption sequence of operation and Emergency Vehide Preemption (EVP) sequence of operation in a chart format. • Prepare the traffic signal / railroad signal interconnect plan. Prepare required details for any modifications required by Metra, the UPRR or ICC for the integration of the traffic signals with the railroad warning devices. • Prepare the plan cover sheet, general notes, summary of quantities and schedules. • Conduct further coordination with Metra, the UPRR and ICC for plan reviews. • Assist City staff with the preparation and updates of the IDOT-Local Agency Agreement and the Project Program Information forms. Proposed Scope of Services (continued) Page 3 of 3 Phase III (Construction) Engineering • Provide construction inspection services for the project in accordance with federal-aid procedure. Estimated 160 hours for inspection, documentation, and coordination. CONFIDENTIAL EXHIBIT A City of Elgin Detailed Cost Breakdown McLean Boulevard,Big Timber Road,and Metra Rail Traffic Signal Improvements 2019 Hourly Rates Employee Classification Task Description E6 E5 E3 E2 El T2 S2 SI ENV A2 Direct Cost Hours 1. Data Collection 1a Project set-up and initiation. � 2 1 3 lb Field inspection of the project site. � 2 2 -- I 4 1 c Prepare for and attend a kickoff meeting with the City and IDOT. 8 513 Prepare meeting minutes for inclusion with BLR 19100 document I — • _ I 1d Conduct topographic survey of the project,download data and plot I 4 _ 16 48 16 1 84 le Obtain and review existing plans provided by the Cly. 1 1 2 Peak period turning movement traffic counts at McLean&Big Timber • 1f Road and McLean&Timber Drive,classified by vehicle type. 3 $ 900.00 3 Includes tracing counts of vehicle movements through McLean&Big Timber Road that cross the tracks and enter or exit Timber Drive. 1 Request future traffic projections from CMAP for use along with peak 9 I Y—4 — 4 projects in the Highway Capacity Software(HCS)analysis. lh Prepare and submit an IDS to IDOT for review. Revise based(;;----1110 30 30 70 commets provided by IDOT. Coordinate and obtain soil borings for mast arm foundations.Review 1i findings for selection of foundation design.Direct cost for 6 $ 5,000.00 6 geotechnical subconsulfant,Rubino Engineering. 1j Prepare a PESA � 1 45 3 5 $ 400.00 1--571- 1k 41k Prepare a PSI I 1 40 3 16 $ 2,100.00 11 Prepare CCDD T — 8 2— I~ Prepare for and represent the City of Elgin at one ICC hearing session for the modification to the railroad warning system and modifications 1m 16 16 24 56 to the traffic signal plan and sequences of operation.(Time and fee is per hearing session held in Chicago.) Coordinate with ICC,Metra and UP RR to determine their n requirements for this project,the extent of improvements required for 14 6 20 RR warning devices and for preliminary review of sequence of operation alternatives. 10 Check existing ROW and easements via tax maps,on-ine database 8 8 and subdivision plan sheets in City's files. SUB-TOTAL 10 63 16 3 165 52 48 16 23 1 $ 8,400.00 2. Phase I-Preliminary Engineering 2a Prepare analysis of signal phasing to operate Timber Drive approach 1 8 9 as part of the Mclean/Big Timber Road intersection. Prepare capacity analyses of the intersections of McLean Blvd with2b Big Timber Road and Timber Drive for the AM and PM peak hours for 4 4 existing traffic and projected design year traffic. 2c Prepare location map,typical cross sections,aerial photo exhibit as I- 4 8 12 required for IDOT Phase I submittal package. 2d Prepare Intersection Design Study(IDS)and submit to IDOT for I 20 20 40 approval --- 2e Coordinate reviews with City of Elgin staff. WI_ 2 2 Conduct further coordination with the ICC,UP RR and Metra for 2f preliminary engineering reviews. —_— I --8 8 Prepare and submit BLR 19100 Categorical Exclusion Group I 2g approval form for IDOT District 1 approval. • 1 12 —�-- V13 •SUB-TOTAL 1 31 0 24 24 8 0 0 0 0 $ 8/1/2019 1 of2 CONFIDENTIAL 4 R ILA EXHIBIT A City of Elgin Detailed Cost Breakdown McLean Boulevard,Big Timber Road,and Metra Rail Traffic Signal Improvements 2019 Hourly Rates Employee Classification Task Description E6 E6 E3 E2 El T2 S2 S1 ENV A2 Direct Cost Hours 3. Phase II-Design&Plan Preparation I . I 3a Prepare Cover Sheet,General Notes,SOD&Schedules. 2 36 2------ I 40 McLean Blvd/Big Timber Road temporary and permanent traffic signal plans,pavement marking plans,pay items,quantities,cost 3b estimate,specifications and special provisions.Prepare traffic signal 180 24 20 8 232 sequence of operation,railroad preemption sequence of operation and EVP sequence of operation in Chart Format. Traffic signal/Railroad signal interconnect plan and prepare details —3c for any modifications required by ICC and Metra for the integration of 4 4 16 4 I 28 traffic signals with railroad warning devices. • 3d Coordination for City,ICC,Metra,UP RR and IDOT(Local Roads) 16 16 4 1 36 reviews,including preparation of submittal packages. I _ _ _ 3e Prepare and attend coordination meetings,as required(3) I� 18 18 1 36 Prepare for and attend an ICC hearing for modifications to the railroad 3f warning system and/or modifications to the traffic signal plan and 8 8 I 16 sequence of operations is required. 3 Assist City staff with preparation/update of IDOT-Local Agency 4 —I 4 _g Agreement and Project Program Information forms. 3h Printing,plotting,typing. —y �- �__ 4 ------ --I 4 y` SUB-TOTAL 8 232 28 0 70 56 2 0 0 0 $ - II_4. Phase III-Construction Observation —_ • Observe construction activities,document and report according to IDOT standards,coordinate with METRA contractor,coordinate with •4a City Staff,and closeout job. (Assume 2 week temporary signal 40 140 180 installation,6 week permanent signal installation)(8 weeks at 20 • hours/week) �� SUB-TOTAL 0 40 0 140 0 0 0 0 0 0 $ -�) 5. QC/QA&Administration — +I 52 v V I~52 Sub-Total 71 366 44 167 259 116 60 16 23 1 $ 8,400.00 • 8/1/2019 2 of 2 McLean/METRA/Big Timber C-91-372-14 14-00185-00-TL Direct Cost Breakdown Item Cost Description Peak AM and PM traffic counts at the McLean/Big Timber and McLean/Timer Dr intersctions. HLR to Traffic Counts $ 900.00 provide camera video CCDD $ 400.00 Environemental Database Report for PESA/PSI/TEPA 662-663 CCDD $ 2,100.00 Laboratory Testing of 2 soil samples for PSI Price includes the 5 borings at 20 ft depth, laboratory work,and report preparation in accordance Geotechnical Services $ 4,000.00 with IDOT standards Railroad Flagger $ 1,000.00 Railroad Flagger for geotechnical services TOTAL $ 8,400.00 McLean Boulevard, Big Timber Road, and Metra Rail Traffic Signal Improvements Anticipated Schedule Notice to Proceed: August 5,2019 Kick-Off Meeting with IDOT/Elgin August 12, 2019 Begin Field Data Collection and Survey: August 12, 2019 Update traffic county,future traffic projections, and IDS: August 12, 2019 Begin Coordination with Metra/ICC: August 12,2019 Submit Phase I Engineering: November 18,2019 Submit Pre-Final Phase II Engineering: February 21,2020 Submit Final Phase II Engineering: April 20,2020 IDOT Letting: July 31,2020 Begin Construction: October 5,2020 End Construction: Spring 2021 •T Illinois Department of Transportation 2300 South Dirksen Parkway / Springfield, Illinois / 62764 October 9, 2020 Ms. Kimberly Dewis City Clerk 150 Dexter Court Elgin, Illinois 60120-000 Subject: City: Elgin Section: 14-00185-00-TL Project: RRP-4003(352) Job: C-91-372-14 Construction Engineering Agreement Consultant: Hampton, Lenzini and Renwick,Inc. $141,127.19 Dear Ms. Dewis: The department approved the subject agreement on February 24, 2020. A copy is enclosed. The city may proceed with the engineering work. Please contact George Fenelon(George.Fenelon@illinois.gov) if you have any questions. Sincere) , Ylvt4- Gregory S. Lupton, P.E. Local Project Implementation Engineer Enclosure cc: David Kaptain, Mayor Anthony Quigley Region 1 Attn: Chad Riddle - District 1 Attn: Project Control Hampton, Lenzini and Renwick,Inc. Local Public Agency I Consultant City of Elgin L Ilinols Department Hampton, Lenzini and Renwick, Inc. 0 of Transportation c County C O Address Kane A N 380 Shepard Drive Section L S City 14-00185-00-TL u Elgin Project No. A Preliminary Engineering State RRP 4003(352) Services Agreement IL Job No. G For T Zip Code C 91 372 14 E Federal Participation A 60123 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Ronald Rudd,PE C T Randal Newkirk, PE (847)931-6081 Y (847)697-6700 rudd recitvofeIain.or4 rnewkirk(@hlrena.com THIS AGREEMENT is made and entered into this 8th day of January , 2020 between the above Local Public Agency(LPA)and Consultant(ENGINEER) and covers certain professional engineering services in connection with the PROJECT Federal-aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS Project Description Name McLean Blvd at METRA Railroad Route Length <0 1 mi Structure No. Termini at Big Timber Road Description Traffic signal improvement at the intersection McLean/METRA Railroad/Big Timber Road. Project will use Local Agency Railway-Highway Grade Crossing Improvement Funding. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies. of engineering services for the LPA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LPA or STATE. 3 To complete the services herein described within 640 calendar days from the date of the Notice to Proceed from the LPA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel. the wage rate billed for such services shall be commensurate with the payroll rate for the work performed 5 That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT: and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6 That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors. omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities 7 That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGIN EER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE 8. That the ENGINEER will comply with applicable federal statutes. state of Illinois statutes, and local laws or ordinances of the LPA. Page 1 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23 56 PM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER)any fee. contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal. State or local)transaction; violation of Federal or State antitrust statutes or commission of embezzlement. theft. forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)and g have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performa nce no later than 30 days from receipt of each paym ent from the LPA. 11. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement 12. To submit BLR 05613, Engineering Payment Report. to the STATE upon completion of the project(Exhibit B) 13. Scope of Services to be provided by the ENGINEER: ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories ❑ Prepare applications for U.S. Army Corps of Engineers Permit. Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report. (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches) ❑ Prepare the necessary environmental and planning documents including the Project Development Report or Environmental Assessment, State Clearinghouse. Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LPA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ 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. ❑ Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LPA with survey and drafts in quadruplicate 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. Page 2 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3 23 56 PM II. THE LPA AGREES, 1 To furnish the ENGINEER all presently available survey data and information 2 To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF= 14.5%[DL+ R(DL)+OH(DL) + IHDC), or [11 CPFF= 14.5%[DL+ R(DL)+ 1.4(DL) + IHDC], or El CPFF= 14 5%[(2 3+ R)DL+ IHDC] Where: DL= Direct Labor IHDC = In House Direct Costs OH =Consultant Firm's Actual Overhead Factor R = Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409 ❑ With Retainage a) For the first 50%of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA. monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed. and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER c) Final Payment—Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and the STATE. a sum of money equal to the basic fee as determined i n this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U S.0 1001 and/or the Program Fraud Civil Remedies Act of 1986(31U S.C. 3801 et seq.). 5. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 I LCS 510,the Brooks Act 40USC 11. and Procurement. Management, and Administration of Engineering and Design related Services(23 CFR part 172) Exhibit C is required to be completed with this agreement. Ill. IT IS MUTALLY AGREED, 1 That no work shall be commenced by the ENGINEER prior to issuance by the LPA of a written Notice to Proceed. 2. That tracings. plans, specifications, estimates. maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEM ENT shall be made available, upon request, to the L PA or to the STATE, without restriction or limitation as to their use. Page 3 of 8 BLR 05610(Rev 05/31/19) Printed on 8/1/2019 3.23.56 PM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction. Bureau of Local Roads and Streets Administrative Policies. Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LPA and the STATE before final acceptance During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5 To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE: and to provide full access to all relevant materials Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LPA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the STATE. and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions. specifications, partial and completed estimates and data. if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5) years. For the purpose of this certification, "grantee" or "contractor"means a corporation, partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance. including cannabis. is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will (a) abide by the terms of the statement: and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. b Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace: (2) The grantee's or contractor's policy of maintaining a drug free workplace, (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d Notifying the contracting or granting agency within ten (10)days after receiving notice under part (B)of paragraph(3)of subsection(a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on. or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3:23 56 PM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 11. When the ENGINEER is requested to complete work outside the scope of the original AGREEMENT, a supplemental AGREEMENT will be required. Supplements will also be required for the addition or removal of subconsultants. direct costs, the use of previously unspecified staff, and other material changes to the original AGREEMENT. Agreement Summary Prime Consultant: TIN Number Agreement Amount Hampton, Lenzini and Renwick, Inc. 36-2555986 $137,127 19 Sub-Consultants TIN Number Agreement Amount Rubino Engineering, Inc $4,000.00 Sub-Consultant Total $4,000 00 Prime Consultant Total 137,127 19 Total for all Work' 141,127.19 Executed by the LPA City of Elgin (Municipality/Township/County) ATTEST /�� By: 441,1 ` ���/�,�� By Kimberly A. Dewis Clerk Title Richard G. Kozal, City Manager (SEAL) Executed by the ENGINEER: ATTEST: 7?it/t& r()\ ‘— By By �� Title Corp ere Jxcri Title. i t ��taa-a' (C,O Page 5 of 8 BLR 05610(Rev.05/31/19) Printed on 8/1/2019 3.23.56 PM PAYROLL ESCALATION TABLE ANNIVERSARY RAISES COST PLUS FIXED FEE FIRM NAME Hampton, Lenzini and Renwick, Inc. DATE 08/01/19 PRIME/SUPPLEMENT Prime PTB NO. CONTRACT TERM 21 MONTHS OVERHEAD RATE 149.72% START DATE 10/1/2019 COMPLEXITY FACTOR 0 RAISE DATE ANNIVERSARY % OF RAISE 3.00% ESCALATION PER YEAR DETERMINE THE MID POINT OF THE AGREEMENT 10.5 CALCULATE THE ESCALATION FACTOR TO THE MIDPOINT OF THE CONTRACT 2.63% The total escalation for this project would be: 2.63% Page 1 of 9 PREPARED BY THE CONSULTANT BDE 3604 Template (Rev. 10/31/16) PAYROLL RATES FIRM NAME Hampton, Lenzini and Re DATE 08/01/19 PRIME/SUPPLEMENT Prime PTB NO. ESCALATION FACTOR 2.63% CLASSIFICATION CURRENT RATE CALCULATED RATE Principal $71 00 $72.86 Engineer 6 $57 75 $59.27 Engineer 5 $50.97 $52.31 Engineer 4 $48.00 $49.26 Engineer 3 $41.33 $42.41 Engineer 2 $33.56 $34.44 Engineer 1 $26.79 $27.49 Structural Engineer 2 $63.17 $64.83 Structural Engineer 1 $49.63 $50.93 Technician 3 $40.83 $41.90 Technician 2 $34.75 $35.66 Technician 1 $24.83 $25.48 Intern/Temporary $15.00 $15.39 Land Acqusition $41.17 $42.25 Survey 2 $41.83 $42.93 Survey 1 $33 63 $34.51 Environmental 2 $43 00 $44.13 Environmental 1 $22.75 $23.35 Administrative 2 $41.00 $42.08 Administrative 1 $20.79 $21.34 BDE 3604 Printed 8/1/2019 PREPARED BY THE CONSULTANT (Rev. Template 10/31/16) COST PLUS FIXED FEE COST ESTIMATE OF CONSULTANT SERVICES FIRM Hampton,Lenzini and Renwick,Inc. DATE 08/01/19 PTB OVERHEAD RATE 1.4972 PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES % DROP REM MANHOURS PAYROLL 8 DIRECT FIXED Direct BY DBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A) (B) (C) (D) (E) (F) _ (G) (H) (B-G) Data Collection 374 13,715.67 20,535.10 5,074.80 4.400.00 4,000.00 _ 47,725.56 33.82% Phase I-Prel. Eng. 88 3,452.53 5,169.13 1,277.44 9,899.10 7.01% Phase II-Design Eng 396 17,804.66 26,657.13 6,587.72 51,049.51 36.17% Phase III-Constr Eng. 180 8,236.89 12,332.27 3,047.65 23,616.80 16.73% QA/QC/Admin 52 3,081.83 4,614.11 1,140.28 8,836.22 6.26% • • • Subconsultant DL 0.00 0.00 0.00% TOTALS 1090 46,291 57 69,307.74 0.00 17,127.88 4,400.00 4,000.00 0.00 141,127.19 100.00% DBE 0.00% DBE Page 4 of 9 BDE 3604 Template Printed 8/1/2019 3:17 PM PREPARED BY THE CONSULTANT (Rev. 10/31/16) AVERAGE HOURLY PROJECT RATES FIRM Hampton, Lenzini and Renwick, Inc. PTB DATE o8/01/19 PRIME/SUPPLEMENT Prime SHEET 1 OF 5 PAYROLL AVG TOTAL PROJECT RATES Data Collection Phase I-Prel.Eng. Phase II-Design Eng. Phase Ill-Constr.Eng. QA/QC I Admin HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg 0 - Principal 72.86 0 0 Engineer 6 59.27 111 10.18% 6.04 10 2.67% 1.58 1 1.14% 0.67 8 2.02% 1.20 40 22.22% 13.17 52 100.00% 59.27 Engineer 5 52.31 326 29.91% 15.64 63 16.84% 8.81 31 35.23% 18.43 232 58.59% 30.65 Engineer 4 49.26 0 Engineer 3 42.41 44 4.04% 1.71 16 4.28% 1.81 28 7.07% 3.00 _ Engineer 2 34.44 27 2.48% 0.85 3 0.80% 0.28 24 27.27% 9.39 Engineer 1 27.49 259 23.76% 6.53 165 44.12% 12.13 24 27.27% 7.50 70 17.68% 4.86 Structural Engineer 2 64.83 0 Structural Engineer 1 50.93 0 Technician 3 41.90 140 12.84% 5.38 140 77.78% 32.59 Technician 2 35.66 116 10.64% 3.80 52 13.90% 4.96 8 9.09% 3.24 56 14.14% 5.04 _ Technician 1 25.48 0 _ Intern/Temporary 15.39 0 _ Land Acqusition 42.25 0 Survey 2 42.93 50 4.59% 1.97 48 12.83% 5.51 2 0.51% 0.22 Survey 1 34.51 16 1.47% 0.51 16 4.28% 1.48 Environmental 2 44.13 0 _ Environmental 1 23.35 0 _ Administrative 2 42.08 1 0.09% 0.04 1 0.27% 0.11 _ Administrative 1 21.34 0 0 0 0 0 0 0 0 0 -. TOTALS 1090 100% $42.47 374 100% $36.67 88 100% $39.23 396 100% $44.96: 180 100% $45.76 52 100% $59.27 BDE 3604 Template Page 5 of 9 (Rev. 10/31/16) Printed 8/1/2019 3:17 PM PREPARED BY THE CONSULTANT HAMPTON, LENZINI, AND RENWICK, INC. BAR, Civil Engineering • Structural Engineering • Environmental Services • Land Surveying EXHIBIT A City of Elgin McLean Boulevard / Big Timber Road / Metra RR Crossing Traffic Signal / RR Signal Improvements Project Description The proposed project involves safety improvements at the existing McLean Boulevard Metra Railroad Crossing. The improvements will include the adjoining signalized intersection of McLean Boulevard with Big Timber Road to the north and the unsignalized intersection with Timber Drive to the south. Improvements will include upgrades to the traffic signals at McLean Blvd and Big Timber Road, including the possible addition of traffic signal control to McLean Blvd and Timber Drive. The two intersections will be operated by one signal controller, which will maintain its integration with the existing railroad warning devices. Modifications to the traffic signal — railroad interconnect will be determined via coordination between the City, Metra, the Union Pacific Railroad (UPRR) and the Illinois Commerce Commission (ICC). The base proposal assumes that an ICC hearing will not be required. Proposed Scope of Services HLR will complete the following tasks to obtain the required IDOT approvals needed for these federally-funded safety improvements. We will coordinate our work with the City as is timely to provide opportunities for discussions, reviews and approvals. Project Initiation and Data Collection • Prepare minutes of the Elgin / IDOT Phase I engineering kick-off meeting held at the Elgin Public Works office on May 6. • Order JULIE locates for utilities within the limits of the project. • Obtain and review existing / as-built plans available from the City. • Check existing right-of-way and easements using tax maps, on-line databases and subdivision plats available from the City's records. • Conduct a field inspection of the project site to observe existing traffic operations and view locations of visible utilities and other features that must be accounted for in the proposed design. • Coordinate with Metra, the UPRR and ICC to determine their requirements for the extent of improvements needed for the railroad crossing warning devices and for their preliminary review of signal sequence-of-operation alternatives. • Conduct a topographic survey sufficient to prepare traffic signal plans. The survey will include pavement centerlines and edges, curb lines, pavement markings, traffic signal and railroad signal equipment, signs, visible utilities, visible right-of-way monumentation and features outside the ROW that may affect the placement of signal equipment. Import the survey data and prepare CADD files for plan sheets. 380 Shepard Drive 3085 Stevenson Drive, Suite 201 1335 Lakeside Drive, Unit 4 Elgin,Illinois 60123-7010 Springfield, Illinois 62703 Romeoville, Illinois 60446 Tel.847.697.6700 Tel. 217.546.3400 Tel. 847.997.1211 Fax 847.697.6753 Fax 217 546 8116 Proposed Scope of Services (continued) Page 2 of 3 • Coordinate with our geotechnical subconsultant, Rubino Engineering, to obtain soil borings and a geotechnical report. We will review the findings to select proposed traffic signal mast arm foundation designs. • Prepare a PESA and PSI for the site. This will include collecting soil samples during the soil borings operation and deliver them to Prairie Analytical Systems for lab analyses. This will provide soil characterization sampling for Illinois EPA LPC#663 for disposal of excess excavated soils. Due to the railroad and gas stations adjoining the intersections, it is assumed that contamination will be found. • If a traffic signal or right-in-right-out at Timber Drive is desired the following will be needed: o Obtain peak period turning-movement traffic counts at McLean Blvd / Big Timber Road and McLean Blvd / Timber Drive, classified by vehicle type, bicycles and pedestrians. This will include tracing counts of vehicle movements that cross the railroad tracks and enter or exit Timber Drive. This information may be desired if the ICC or railroad recommends restricting Timber Drive to right turns only as a safety measure. The data will demonstrate that most large truck traffic enters Timber Drive from the McLean Blvd north approach. o Analyze traffic flow through the intersection based on future traffic projections using the Highway Capacity Software (HCS) o Prepare an Intersection Design Study (IDS) and submit to IDOT for approval • Prepare for and represent the City at an ICC hearing, if required for the modification to the railroad warning system and/or modifications to the traffic signal plan and sequences of operation. These hearings are typically held in Chicago. Phase I (Preliminary) Engineering • Prepare an analysis of signal phasing to operate the McLean Blvd / Big Timber Road signalized intersection. A future Timber Drive signal evaluation will be considered. • Prepare a project location map, existing and proposed typical cross sections and an aerial photo exhibit as required for the IDOT Phase I submittal package. • Conduct further coordination with Metra, the UPRR and ICC for review of preliminary engineering. • Prepare IDOT's BLR 19100 Categorical Exclusion Group I approval form, assemble the Phase I submittal package and submit to IDOT for District 1 approval. Phase II (Design) Engineering • Design and prepare plans for temporary and permanent traffic signals including pavement markings, pay items, quantities, cost estimates, specifications and special provisions. Prepare the traffic signal sequence of operation, railroad preemption sequence of operation and Emergency Vehicle Preemption (EVP) sequence of operation in a chart format. • Prepare the traffic signal / railroad signal interconnect plan. Prepare required details for any modifications required by Metra, the UPRR or ICC for the integration of the traffic signals with the railroad warning devices. • Prepare the plan cover sheet, general notes, summary of quantities and schedules. • Conduct further coordination with Metra, the UPRR and ICC for plan reviews. • Assist City staff with the preparation and updates of the IDOT-Local Agency Agreement and the Project Program Information forms. Proposed Scope of Services (continued) Page 3 of 3 Phase III (Construction) Engineering • Provide construction inspection services for the project in accordance with federal-aid procedure. Estimated 160 hours for inspection, documentation, and coordination. i CONFIDENTIAL MAN ap WI A EXHIBIT A City of Elgin Detailed Cost Breakdown McLean Boulevard,Big Timber Road,and Metra Rail Traffic Signal Improvements 2019 Hourly Rates Employee Classification Task Description E6 E6 E3 E2 El T2 S2 S1 ENV A2 Direct Cost Hours 1. Data Collection 1a Project set-up and initiation 2 1 3 lb Field inspection of the project site. 2 2 4 1c Prepare for and attend a kickoff meeting with the City and IDOT 8 5 13 Prepare meeting minutes for inclusion with BLR 19100 document. 1d Conduct topographic survey of the project,download data and plot. 4 16 48 16 84 1e Obtain and review existing plans provided by the Cty. 1 1 2 Peak period turning movement traffic counts at McLean&Big Timber 1f Road and McLean&Timber Drive,classified by vehide type 3 $ 900.00 3 Includes tracing counts of vehicle movements through McLean&Big Timber Road that cross the tracks and enter or exit Timber Drive 1 Request future traffic projections from CMAP for use along with peak 4 4 g projects in the Highway Capacity Software(HCS)analysis. 1 h Prepare and submit an IDS to IDOT for review Revise based on 10 30 30 70 commets provided by IDOT. Coordinate and obtain soil borings for mast arm foundations Review 1I findings for selection of foundation design.Direct cost for 6 $ 5,000.00 6 geotechnical subconsultant,Rubino Engineering 1j Prepare a PESA 1 45 3 5 $ 400.00 54 1k Prepare a PSI 1 40 3 16 $ 2,100.00 11 Prepare CCDD 8 2 Prepare for and represent the City of Elgin at one ICC hearing session 1m for the modification to the railroad warning system and modifications 16 16 24 56 to the traffic signal plan and sequences of operation (Time and fee is per hearing session held in Chicago.) Coordinate with ICC,Metre and UP RR to determine their requirements for this project,the extent of improvements required for 1 n 14 6 20 RR warning devices and for preliminary review of sequence of operation alternatives. 10 Check existing ROW and easements via tax maps,on-lne database I 8 8 and subdivision plan sheets in City's files. SUB-TOTALI 10 63 16 3 166 62 48 16 23 1 $ 8,400.00 2. Phase I-Preliminary Engineering 2a Prepare analysis of signal phasing to operate Timber Drive approach I 1 8 9 as part of the Mclean/Big Timber Road intersection. Prepare capacity analyses of the intersections of McLean Blvd with 2b Big Timber Road and Timber Drive for the AM and PM peak hours for 4 4 existing traffic and projected design year traffic. 2c Prepare location map,typical cross sections,aerial photo exhibit as I 4 8 12 required for IDOT Phase I submittal package 2d Prepare Intersection Design Study(IDS)and submit to IDOT for I 20 20 40 approval 2e Coordinate reviews with City of Elgin staff. 2 2 2f Conduct further coordination with the ICC,UP RR and Metre for I 8 8 preliminary engineering reviews. 2 Prepare and submit BLR 19100 Categorical Exclusion Group I 9 1 12 13 approval form for IDOT District 1 approval. SUB-TOTAL 1 31 0 24 24 8 0 0 0 0 $ - 8/1/2019 1 of 2 CONFIDENTIAL AL .R EXHIBIT A City of Elgin Detailed Cost Breakdown McLean Boulevard,Big Timber Road,and Metra Rail Traffic Signal Improvements 2019 Hourly Rates Employee Classification Task Description E6 E6 E3 E2 El T2 S2 S1 ENV A2 Direct Cost Hours 3. Phase II-Design&Plan Preparation 3a Prepare Cover Sheet,General Notes,SOO&Schedules. I 2 36 2 I 40 McLean Blvd/Big Timber Road temporary and permanent traffic signal plans,pavement marking plans,pay items,quantities,cost 3b estimate,specifications and special provisions Prepare traffic signal 180 24 20 8 232 sequence of operation,railroad preemption sequence of operation and EVP sequence of operation in Chart Format. Traffic signal/Railroad signal interconnect plan and prepare details 3c for any modifications required by ICC and Metra for the integration of 4 4 16 4 28 traffic signals with railroad warning devices 3d Coordination for City,ICC,Metra,UP RR and!DOT(Local Roads) 16 16 4 36 reviews,including preparation of submittal packages 3e Prepare and attend coordination meetings,as required(3) 18 18 36 Prepare for and attend an ICC hearing for modifications to the railroad 3f warning system and/or modifications to the traffic signal plan and 8 8 16 sequence of operations is required 3 Assist City staff with preparation/update of IDOT-Local Agency 4 4 9 Agreement and Project Program Information forms 3h Printing,plotting,typing 4 4 SUB-TOTAL 8 232 28 0 70 66 2 0 0 0 $ 4. Phase Ill-Construction Observation Observe construction activities,document and report according to IDOT standards,coordinate with METRA contractor,coordinate with 4a City Staff,and closeout job (Assume 2 week temporary signal 40 140 180 installation,6 week permanent signal installation)(8 weeks at 20 hours/week) SUB-TOTAL 0 40 0 140 0 0 0 0 0 0 $ - 5. QC/QA&Administration 152 I 52 Sub-Total 71 366 44 167 269 116 60 16 23 1 $ 8,400.00 8/1/2019 2 of 2 McLean/METRA/Big Timber C-91-372-14 14-00185-00-TL Direct Cost Breakdown Item Cost Description Peak AM and PM traffic counts at the McLean/Big Timber and McLean/Timer Dr intersctions. HLR to Traffic Counts $ 900.00 provide camera video CCDD $ 400.00 Environemental Database Report for PESA/PSI/IEPA 662-663 CCDD $ 2,100.00 Laboratory Testing of 2 soil samples for PSI Price includes the 5 borings at 20 ft depth, laboratory work,and report preparation in accordance Geotechnical Services $ 4,000.00 with IDOT standards Railroad Flagger $ 1,000.00 Railroad Flagger for geotechnical services TOTAL $ 8,400.00 McLean Boulevard, Big Timber Road, and Metra Rail Traffic Signal Improvements Anticipated Schedule Notice to Proceed: August 5,2019 Kick-Off Meeting with IDOT/Elgin August 12, 2019 Begin Field Data Collection and Survey: August 12, 2019 Update traffic county,future traffic projections, and IDS: August 12, 2019 Begin Coordination with Metra/ICC: August 12, 2019 Submit Phase I Engineering: November 18, 2019 Submit Pre-Final Phase II Engineering: February 21, 2020 Submit Final Phase II Engineering: April 20, 2020 IDOT Letting: July 31,2020 Begin Construction: October 5, 2020 End Construction: Spring 2021