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Home My WebLink About21-136 Resolution No. 21-136 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DUNDEE AVENUE RECONSTRUCTION—PHASE 11 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 Engineering Enterprises, Inc., for professional services in connection with the Dundee Avenue Reconstruction—Phase II, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 8, 2021 Adopted: September 8, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 8th day of September, 20 21 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Engineering Enterprises, Inc., an Illinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Dundee Avenue Reconstruction—Phase II (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 the 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 Director of Public Works of the CITY,herein after referred to as the"DIRECTOR". B. The Scope of Services for the PROJECT shall include providing design engineering services for the roadway improvements associated with the PROJECT including pavement reconstruction, new sidewalk and ADA improvements, new curb and gutter,new storm sewer system,new water main and services,sanitary sewer lining and new services, roadway lighting,and traffic signal replacement and upgrades at the Dundee Avenue and Slade Avenue intersection. The locations in which these improvements shall be completed is shown in Attachment D. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A and incorporated into this Agreement by this reference. D. This Agreement with the ENGINEER is germane to the original agreement with the ENGINEER with respect to the PROJECT as signed and this Agreement is in the best interest of the CITY and authorized by law. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. a. Notice to Proceed: October 1,2021 b. Advertise for Bids: October 2023 c. Letting:November 2023 i d. Start Construction: March 2024 e. End Construction: May 2025 B. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, 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(Not To Exceed Method) A. For services provided the ENGINEER shall be paid in accordance with the Estimate of Level of Effort and Associated Cost, attached hereto as Attachment C, and in accordance with the ENGINEER'S Standard Schedule of Charges dated January 1, 2021, attached hereto as Attachment E, for personnel employed on the PROJECT, with the total fees and expenses to be paid to the ENGINEER not to exceed 648 595, regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties. B. For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 10%. The cost of any such outside services is included within the total not-to-exceed amount of$648,595 provided for in Section 4A above. C. Other reimbursable components of the fee include: a. PESA Validation, PSI and CCDD (Huff and Huff, a subsidiary of GZA Environmental) b. Property Appraisals and Title Commitments (Mathewson Right of Way Company) c. Photometrics and Lighting Design (Ames Engineering, Inc) d. Sewer Televising e. Geotechnical Report and Soil Borings f. See Attachment C for labor breakdown and other reimbursable components. The cost of any such reimbursable expenses is included within the total not-to- exceed amount of$648,595 provided for in Section 4A above. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Payment Schedule Estimated Invoice Estimated% Value of Work Estimated Date Complete Complete Invoice Value 10/21/2021 0.5% $ 3,242.98 $ 3,242.98 11/21/2021 0.5% $ 6,485.95 $ 3,242.98 12/21/20211 2% $ 16,214.88 $ 9,728.93 1/21/2022 3% $ 35,672.74 $ 19,457.86 2/21/2022 3% $ 55,130.60 $ 19,457.86 3/21/2022 2% $ 68,102.50 $ 12,971.91 4/21/2022 2% $ 81,074.41 $ 12,971.91 5/21/2022 0.5% $ 84,317.38 $ 3,242.98 6/21/2022 0.5% $ 87,560.36 $ 3,242.98 7/21/2022 0.5% $ 90,803.34 $ 3,242.98 8/21/2022 0.5% $ 94,046.31 $ 3,242.98 9/21/2022 0.5% $ 97,289.29 $ 3,242.98 10/21/2022 3% $ 116,747.15 $ 19,457.86 11/21/2022 3% $ 136,205.00 $ 19,457.86 12/21/2022 3% $ 155,662.86 $ 19,457.86 1/21/2023 5% $ 188,092.62 $ 32,429.76 2/21/2023 5% $ 220,522.39 $ 32,429.76 3/21/2023 5% $ 252,952.15 $ 32,429.76 4/21/2023 10% $ 317,811.68 $ 64,859.53 5/21/2023 12% $ 395,643.11 $ 77,831.43 6/21/2023 20% $ 525,362.16 $ 129,719.05 7/21/2023 1% $ 531,848.11 $ 6,485.95 8/21/2023 10% $ 596,707.64 $ 64,859.53 9/21/2023 1% $ 603,193.59 $ 6,485.95 10/21/2023 5% $ 635,623.35 $ 32,429.76 11/21/2023 1% $ 642,109.30 $ 6,485.95 12/21/2023 1% $ 648,595.26 $ 6,485.95 Total $ 648,595 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 and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under section 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 section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any 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 his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 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 section 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 section 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 section shall survive any expiration 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 The ENGINEER shall provide,pay for and maintain in effect, during the term of this Agreement the following types and amounts of 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 agreed that, if any section,sub-section,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 sections of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 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 the policies shall be provided by ENGINEER to the Department of Human Rights upon request(775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, 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 Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and 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: B. As to ENGINEER: Mike Pubentz,P.E. Brad Sanderson,P.E. Public Works Director Chief Operating Office/President City of Elgin Engineering Enterprises, Inc. 150 Dexter Court 52 Wheeler Road Elgin,Illinois 60120-5555 Sugar Grove, IL 60554 29. COMPLL ,NCE 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 legally authorized to work in 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 associated with any such audit. 30. EXECUTION This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 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: By0 Z�g* 7 By. - ity Manager Name/Print: Bradley P. Sanderson, P.E. Title: Chief Operating Officer/President Att st City Clerk FALegal DepAAgreement\ENGINEERING AGREEMENT-FORM-clean-10-2-18.docx Attachment A—Scope of Services Dundee Avenue Reconstruction - Phase II City of Elgin General: The Phase II Engineer(hereinafter referred to as Design Engineer)will serve as the City of Elgin's representative for the entire design and administration for the project as assigned by the City. As such the Design Engineer will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Design Engineer shall include implementation of City policies, program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the Plans, Specifications and Estimates (PS&E) in accordance with the City's objectives of cost,time and quality. The design shall be in accordance with the Illinois Department of Transportation guidelines contained in the Bureau of Local Roads and Streets (BLRS)manual and the approved Project Development Report(PDR). Phase I Engineering is still on-going and the PDR has not been finalized. The Design Engineer will work closely with and report to the City Engineer or his designee. It shall be understood that the Design Engineer will act as a representative of the City Engineer on this project and shall coordinate with other City entities such as the Legal Department, City Clerk, Purchasing Director, Water Director, Sewer Director and Street Director. The Design Engineer shall be responsible for acting as a representative of the City Engineer on this project in regard to Federal, State and County issues as well. The Design Engineer is expected to understand all Federal, State, County and City Laws governing the implementation of the Phase 11 design. Design Engineering: • Project Management,Coordination,Meetings and QC/QA o Project Comment Review Meetings(2 Meetings— 1 at Prefinal Plans, 1 at Initial Final Plans) o Phase II Kick-off Meeting at the District One Office of the Illinois Department of Transportation(will be scheduled once PDR is approved) o Project Management o Establish lines of communication. o Project Scheduling o QC/QA will be performed throughout the project. • Plats and Legal Descriptions—It is estimated that one(1) parcel will need a proposed Permanent Easement. o Calculations o Boundary Field Survey o Plat of Highways for 1 parcel o Legal Descriptions for 1 parcel o Title Commitments for 1 parcel(Mathewson Right-of Way Company) o Property Appraisal for 1 parcel(Mathewson Right-of Way Company) o Property Negotiations for 1 parcel — not included only if required (hourly) - (Mathewson Right-of Way Company) o QC/QA o Staking Row • PESA,PSI and Environmental Permitting and Coordination o Preliminary Environmental Site Assessment(PESA)Validation.(Huff and Huff) Dundee Avenue Reconstruction-Phase H City of Elgin Professional Services Agreement -Scope of Services o Preliminary Site Investigation(PSI)/CCDD Documentation. (Huff and Huff) o IEPA Coordination(EEI) o Coordination of PESA,PSI and Permitting tasks.(EEI) • Utility and IDOT Coordination o Perform design J.U.L.I.E. in order to obtain the most up-to-date atlases from the utilities that have facilities within the project limits. o Obtain,review and inventory existing utility information to identify potential conflicts. o IDOT Coordination regarding connection to IDOT's sewer at Page Avenue o Coordination will all utilities as necessary o Submit Pre-Final,Initial Final and Final Plans to all utilities and IDOT. o Presenting Detour to the IDOT Detour Committee • Prefinal Plans, Specifications and Cost Estimates(90%Complete) o Coordinate documentation for CCDD Management of soils. o Photometric Study and Lighting Design(Ames Engineering Inc.) o Sanitary Sewer Televising o Geotechnical Report and Soil Borings o Develop Prefinal Plans including the following: ■ Title Sheet ■ General Notes ■ Summary of Quantities • Existing and Proposed Typical Sections ■ Schedule of Quantities ■ Alignment,Ties and Benchmarks ■ Plan and Profile(1"=20') ■ ADA Details ■ Traffic Control Typical Sections ■ Suggested Construction Staging Plans ■ Detour Plan ■ Erosion and Sediment Control Plans(1"=20') ■ Drainage and Utilities Plans(I"=20') ■ Water Main and Sanitary Sewer Plans(1"=20') ■ Lighting Plans(1"=20')(Ames Engineering Inc.) ■ Intersection Paving Plans(1"=20') ■ Pavement Marking, Signing&Landscaping Plan(1"=20') ■ Traffic Signal Plans ■ Project Details ■ City Details ■ IDOT District One and IDOT Details ■ Cross Sections(@ 50 ft stations, 1"=10'horizontal, 1"=5'vertical) o Prepare bid package,and ancillary documents,including: ■ BLR12200—Local Public Agency Formal Contract Proposal ■ BLR12200 A—Schedule of Prices ■ BLR12230-Bid Bond Form ■ BC57-Affidavit of Availability ■ Index for Supplemental Specifications and Recurring Special Provisions ■ Check Sheet for Recurring Special Provisions ■ BLR11310—Special Provisions Dundee Avenue Reconstruction-Phase H City of Elgin Professional Services Agreement -Scope of Services ■ Bureau of Design and Environment Special Provisions/Check sheets ■ Prevailing Wage o Special Provisions in IDOT format ■ Project Special Provisions ■ Local Roads Special Provisions ■ District One Special Provisions ■ City of Elgin Provisions&Details ■ Status of Utilities o Calculate Quantities and prepare preliminary Cost Estimate ■ Quantities to be organized by funding source(if necessary) ■ BDE 213—Estimate of Cost o Prepare BDE220A—Estimate of Time Required o Perform QC/QA review of prefinal plans, specifications, documents and cost estimate o Submit prefinal plans to the utility companies o Submit prefinal plans, estimate of cost, estimate of time and special provisions to the City of Elgin and IDOT for review. o Coordinate with the City of Elgin Staff on the final scope of improvements • Initial Final Plans, Specifications and Cost Estimates o Prepare and provide disposition of prefinal plan comments to the City of Elgin and IDOT. o Update plans based on comments received from City of Elgin and IDOT on Prefinal Plans o Update summary of quantities, estimate of cost and estimate of time for initial final plan submittal. o Update special provisions for initial final plan submittal. o Perform QC/QA review of initial final plans,documents and cost estimate. o Submit initial final plans, estimate of cost, estimate of time and special provisions to IDOT, City of Elgin and utility companies for review. • Final Plans, Specifications and Cost Estimates o Prepare and provide disposition of initial final plan comments to the City of Elgin and IDOT. o Update plans based on comments received on initial final plans. o Update summary of quantities,estimate of cost and estimate of time for final submittal. o Update special provisions for final submittal. o Perform QC/QA review of final plans,documents and cost estimate. o Submit final plans, estimate of cost, estimate of time and special provisions to IDOT, City of Elgin and utility companies. o After approval of the plans and specifications by the City and IDOT, EEI shall provide IDOT with an electronic submittal for the contract letting as per IDOT requirements. • Bidding Support and Shop Drawing Review o Review shop drawings for traffic signal components. o Review shop drawings for lighting components. o Answer contractor questions during bidding. Items not included in the scope: • Full topographic survey was performed during Phase I, only 26 hours for additional pickup survey has been included in Phase II—Design Engineering • Traffic signal timing changes or redesign, only replacement of old traffic signal equipment with new equipment has been included for the Slade Avenue and Dundee Avenue intersection. Dundee Avenue Reconstruction-Phase II City of Elgin Professional Services Agreement -Scope of Services • ROW Negotiations • Design services by a landscape architect. Only basic landscaping will be provided. • Any special aesthetic features or treatments • Construction(Phase III)Engineering • Bidding,Letting and Contracting. 0= J '. ELGIN THE CrTY IN THE SUBURBS ATTACHMENT B-ANTICIPATED PROJECT SCHEDULE Dundee Avenue Reconstruction-Phase II City of Elgin,IL 2021 2022 2023 Task Description J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D Project Management, Coordination and Meetings Plats and Legal Descriptions PESA, PSI and Environmental Coordination Utility and IDOT Coordination Prefinal Plans. Specifications and Estimates Initial Final Plans, Specifications and Estimates Final Plans, Specifications and Estimates Bidding Support and Shop Drawing Review Project Management,Coordination and Meetings Engineering Key Dates Anticipated Letting Agency Review- ATTACHMENTC • �` ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST E LG I N Dundee Avenue Reconstruction-Phase II 0= CRy of Elgin,IL T}E cn r w T sJeura i ENTITY: ENGINEERING SURVEYING DRAFTING ADMIN. WORK SENIOR SENIOR SENIOR SENIOR SENIOR ITEM COST WORK PROJECT ROLE: SENIOR PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PER ITEM PRINCIPAL PRINCIPAL MANAGER ENGINEER II ENGINEER MANAGER MANAGER TECHNICIAN II MANAGER TECHNICIANI ADMIN. SUMM. ITEM NO. WORKITEM HOURLY RATE: $217 $212 $206 $174 $147 $206 SIBS $1S8 $158 $147 $70 Fct Mana ement,Coordination and Meetin s 10 24 144 32 210 S 42,490 and Le al Desch lions 8 8 2 48 4 70 S 12,612 ,PSI and Environmental and Pemlittin Coordination 24 24 40 16 8 32 4 148 $ 25,592 and IDOT Coordination 16 40 40 24 8 32 4 l $ 28,368 nai Plans,S clrtcations and Estimates 6 8o 88 496 642 2 24 252 653 4 2,247 $ 3S8,007 l Final Plans,S cifications and Estimates 4 16 16 42 64 40 72 4 258 $ 41.456 Plans,S eirications and Estimates 4 8 8 24 48 24 44 4 164 $ 25,984 2.8 iBidding Support and Shop Drawing Review 16 16 321 641$ 12,256 Preliminary Engineering Subtotal: 24 134 344 714 794 4 72 332 $33 241 3,323 $ 546,703 DIRECT EXPENSES LABOR SUMMARY Printing= $ 1,000 Er,in ring E.-,= $ 356,034 PESA Validation,PSI&CCDD(Huff&Huff)= $ 26,929 Surveying Expenses= S 14,144 Photometrlcs-Li htin Design(Arnes)= $ 25,501 D,aft,ng Epenses= $ 174,907 Sanitary Sewer Televising= $ 22p00 Administrative Expenses= S 1,680 Geotechnical Report and Soil Borings= $ 160500 Property Appraisals-Title Work(Mathewson)= $ 9,900 DatECTE)LPENSES= $ 101,8301 E ^ 6 I � • Dr • �` - � ' ' U,GUSTA�� _ 'AUGUSTAi Y .+.CEDAR ,# °`fix"^ '• ~OAF•" �•, �. �.. 'f? - O � .. N 3 a �..'�^ ■A-^ BELLEVUE.. LL � - PROJECT LOCATION DUNCAN • i r� aY K a pGNp a �, v i �E —e.t HILL sY "_ W 'p * v�xa U HILL Ti POPLARd I ` . Y ' _ -e• 4 . ,,..� 2 •,• .J WI yl t - 'MORWTM.O — PnRTERPORTERf PORTER 0 J lu+j w t Engineering Enterprises,Inc. City of Elgin o. I 150 Dexter Court �, 9Y DUNDEE AVENUE ATTACHMENT D Su a,Grove,1!iinois 60554 Elgin,Illinois 60120 crx _ RECONSTRUCTION LOCATION MAP (630)466-6700 (847)931 6100 E LG I N PATH h,r ,�,x. CITY OF ELGIN, ILLINOIS vvmv.eelweb.com www.cityofelgin.org - qLF EG19ot_Unaee.w rannx,+nMD Attachment E / It . , • I / EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $217.00 Principal E-3 $212.00 Senior Project Manager E-2 $206.00 Project Manager E-1 $185.00 Senior Project Engineer/Planner/Surveyor II P-6 $174.00 Senior Project Engineer/Planner/Surveyor 1 P-5 $162.00 Project Engineer/Planner/Surveyor P-4 $147.00 Senior Engineer/Planner/Surveyor P-3 $135.00 Engineer/Planner/Surveyor P-2 $123.00 Associate Engineer/Planner/Surveyor P-1 $110.00 Senior Project Technician II T-6 $158.00 Senior Project Technician I T-5 $147.00 Project Technician T-4 $135.00 Senior Technician T-3 $123.00 Technician T-2 $110.00 Associate Technician T-1 $ 97.00 GIS Technician G-1 $100.00 Engineering/Land Surveying Intern 1-1 $ 79.00 Administrative Assistant A-3 $ 70.00 VEHICLES.REPROGRAPHICS,DIRECT COSTS,DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White) $1.00/Sq.Ft.(Color) Reimbursable Expenses(Direct Costs) Cost Services by Others(Direct Costs) Cost+10% Unmanned Aircraft System/Unmanned Aerial Vehicle/Drone $200.00 Expert Testimony $250.00 Road,52 Wheeler Sugar Grove, 60554 • 1 466 • 11 • 1 466 • 1 •• • Attachment F — Subconsultant Proposals �t April 29, 2021 Via Email: Icwynar@eeiweb.com Mr.Joseph W. Cwynar, P.E. Senior Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Re: Phase II Environmental Services: Dundee Avenue Improvements (Section No.:20-00189-00-PV) Elgin, Kane County, Illinois GEOTECHNICAL Proposal No. 81.P013014.22 ENviPONMENTAL ECOLOGICAL WATER Dear Mr. Cwynar: Huff& Huff, Inc., a subsidiary of GZA GeoEnvironmental, Inc. (GZA) is pleased to submit this proposal to Engineering Enterprises, Inc. (Client) to conduct Phase II environmental services forthe proposed improvements project along Dundee Avenue in Elgin,Illinois. We understand the project involves reconstruction along Dundee Avenue with project limits extending from Plum Court to Page Street. Client has requested completion of a Preliminary Environmental Site Assessment (PESA)Validation and Preliminary Site Investigation (PSI) along with LPC-663 Suite 330 Form documentation for consideration of acceptance of spoils at a clean construction or Oak Brook,IL 60523 demolition debris (CCDD) facility. This proposal presents our project approach, the scope of services,cost, and schedule for completing the project. 1. PROJECT BACKGROUND GZA has previously completed Phase I services for the project including a wetland and waterway screening (August 9, 2019) and a PESA (September 30, 2019). The findings of the PESA indicated the presence of seven (7) potentially impacted properties (PIPS) and/or sites that contain Recognized Environmental Conditions (RECs), including: PESA Site ID Site Name Address 3 922 Dundee Bldg. Corp. 922 Dundee Avenue 7 Clark Oil Store 901 Dundee Avenue 9 Park 853 Dundee Avenue 12 Young Dr Joe 825 Dundee Ave 21 Safeguard Exterminating Co. 712 Dundee Ave 24 Illinois Cleaners 674 Dundee Avenue 25 Larson Middle School 665 Dundee Avenue April 29, 2021 Engineering Enterprises, Inc. Phase II Environmental Services for Dundee Avenue Reconstruction, Elgin, Illinois Page12 The proposed PSI will further address the identified PIPS/RECs and assess the project corridor where work is proposed with respect to soil handling, management, and disposal considerations per the scope of services below. 2. SCOPE OF SERVICES Task 1—Preliminary Environmental Site Assessment(PESA)Validation A re-evaluation of the project area is proposed to check for the possibility of new reported releases or incidents to assess if land uses have changed since the PESA was originally drafted.Validation is required GZA for PESAs that are greater than 6-months old and less than 3 years old. GZA will conduct a PESA Validation for the local roads portion of the project corridor and the process will follow general protocols contained within: • A Manual for Conducting Preliminary Environmental Site Assessments for Illinois Department of Transportation (IDOT) Highway Projects(Erdmann et al., 2012) • ASTM International (ASTM)standard 1527-13 • The IDOTs Bureau of Design and Environment (BDE) Procedure Memorandum Number 10-07, Special Waste Procedures. This memo was incorporated into Chapter 27-3 of the IDOT BIDE Manual in June 2012. • IDOT Bureau of Local Roads and Streets (BLRS) Manual, Chapter 20-12,Special Waste,July 2013. • Public Act 96-1416 • Clean Construction or Demolition Debris Fill Operations (CCDD) and Uncontaminated Soil Fill Operations: Amendments to 35 Illinois Administrative Code 1100. Effective on August 27, 2012. A. Historical Research The site's historical land use/ownership record will be developed from review of the previously completed PESA. B. Site Evaluation Current environmental features and conditions of sites adjacent to the right-of-way/project area (local, non-IDOT jurisdiction) will be evaluated. A site walkover of potential right-of-way/project areas designated for excavation and/or acquisition will be conducted for first-hand evaluation of current environmental conditions within the project limits. All of the features and conditions listed above will be investigated and, as appropriate, documented in photographs. The land-use and housekeeping practices of adjacent properties also will be evaluated in accordance with ASTM protocols. C. Records Review A records review will be conducted to determine potential environmental concerns within the study area. It will include a search of standard state and federal environmental record databases in accordance with the specifications of ASTM standards. This search is based on the outline of the study area. Specifically, Consultant will search each database to identify any potential sources requiring further investigation. As appropriate, Freedom of Information Act(FOIA) requests will be filed with the IEPA to obtain additional data pertaining to identified sites. D. Report Preparation One letter report summarizing the results of the evaluation will be prepared. The summary will reference the previous PESA and identify PIPS. Figures identifying the revised project area and will be included in the letter report. Task 2—Preliminary Site Investigation (PSI)/CCDD Documentation GZA proposes conducting a series of up to twenty-six(26) soil borings covering both sides of the project corridor with the assistance of traffic control with respect to handling and disposal considerations. The soil borings are proposed to be P:\FV2022\Transportation\EEI\Elgin\Dundee Ave\81.013014.22 EEI Dundee Ave Elgin PESAUpdate_PSI_CCDD.docx April 29, 2021 Engineering Enterprises, Inc. Phase II Environmental Services for Dundee Avenue Reconstruction, Elgin, Illinois Page13 advanced to depths consistent with the maximum depth of the proposed improvements, currently estimated to range from 5 to 10 feet below ground surface. A. Soil Borings and Soil Sampling We anticipate that the field work will require two days of effort and we expect that our drilling subcontractor will coordinate the JULIE utility locate request and we will arrange for traffic control services for borings along the roadway. The borings will be advanced and soil samples collected for laboratory analysis to address sites identified as RECs/PIPS for soil disposal considerations, specifically at locations identified for proposed excavation and also to provide coverage of the corridor in areas without RECs/PIPS for CCDD documentation purposes.The depths of the soil borings will be dependent upon design details to account for depths of proposed disturbance. GZA will adjust the depths of planned borings prior to mobilization consistent with project plans as provided by Client, in conjunction with PESA findings. Currently it is estimated that borings will be advanced to approximately 5 to 10 feet below ground surface. B. Analytical Laboratory analysis of soil samples is proposed to be consistent with constituents of concern (COCs) as determined from the PESA, with the below information presented based on GZA's current understanding of the project, to be adjusted ultimately based on the findings of the PESA and in conjunction with industry trends for consideration of disposal at CCDD facilities. Boring locations where petroleum products or other volatile organic compounds represent the primary concern,samples will be field screened with a photoionization detector(PID). The sample with the highest PID reading in each boring will be analyzed for: • Volatile Organic Compounds(up to 12 samples)—VOCs are volatile compounds found in gasoline and related to various solvents; • Polynuclear Aromatic Hydrocarbons(PNAs) (up to 20 samples)—Semi Volatile Organic Compounds (SVOCs) are commonly formed during incomplete combustion of organic compounds. PNAs are a subset of SVOCs and can be formed by the combustion of wood,coal,and petroleum products. They are also found in less refined, nonvolatile petroleum products and can be used to identify potential for diesel or fuel oil contamination in soil. Other field screening factors such as visual, or proximity to potential sources of known contamination to determine which samples will be analyzed to identify the presence of: • RCRA Metals,total and SPLP/TCLP methods (up to 20 samples)—Federal environmental regulations identify eight (8) heavy metals as hazardous if present in a solid waste at concentrations above varying threshold concentrations. Samples will be analyzed for the eight(8) RCRA Metals via total analysis.Subsequently, based on the results of the RCRA metals analyzed via total analysis method, some parameters may require supplemental analysis via SPLP or TCLP methodology to determine compliance with the CCDD maximum allowable concentrations (MACs) (10 samples). P:\FY2022\Transportation\EEI\Elgin\Dundee Ave\81.013014.22 EEI Dundee Ave Elgin PESAUpdate_PSI_CCDD.docx April 29, 2021 kill I kill Engineering Enterprises, Inc. Phase II Environmental Services for Dundee Avenue Reconstruction, Elgin, Illinois Page14 In addition, soil samples will be analyzed for soil pH from each boring location, consistent with CCDD sampling requirements with select pH samples submitted for laboratory analysis(up to 26). C. PSI Report Preparation A report summarizing the results of the soil and sediment sample collection activities and analytical results will be prepared. This document will present information pertinent for the bidding documents regarding conditions of soils tested, handling and final disposition considerations. D. CCDD(LPC-Form) Documentation The soil sample results will be compared to the Maximum Allowable Concentrations(MACS)associated with CCDD facility acceptance, including the soil pH range of 6.25 to 9.0. If results achieve the MAC values, GZA will prepare the LPC-663 document that will be signed/stamped by the GZA.This proposal assumes the potential for requiring a separate form for each area to account for this currently unknown situation. Any locations that do not achieve the MACS (including soil pH range)will be identified as exclusion zones, not acceptable for CCDD facility disposal, utilizing soil classifications per IDOT 669.05. Task 3—Proiect Management Time under this task includes project administration and management activities that include cost and schedule tracking, coordination with Client on authorized activities, memo production and other in-house management activities, and project closeout. Task 4—08L C Time under this task includes QA/QC time for the reports as described above. 2. LEVEL OF EFFORT AND SCHEDULE GZA proposes to complete the identified scope of services on a time and materials basis with proposed not-to-exceed costs of$26,929 as presented on the attached IDOT BLR CPFF cost sheets. PESA Validation work will commence within 5 business days of project approval, with a target completion date of three (3) weeks from the date of approval. The PSI work can commence upon completion of the PESA Validation and will require approximately eight(8)weeks to complete. CONDITIONS OF ENGAGEMENT The conditions of engagement are described in the attached Terms and Conditions for Professional Services. GZA's report will be prepared on behalf of and for the exclusive use of Client. Client acknowledges and agrees that the report and the findings in the report shall not,in whole or in part, be disseminated or conveyed to any other party,or used or relied upon by any other party, in whole or in part,except for the specific purpose and to the specific parties alluded to above,without the written consent of GZA. GZA would be pleased to discuss the conditions associated with any additional dissemination, use, or reliance by other parties. P:\FY2022\Transportation\EEI\Elgin\Dundee Ave\81.013014.22 EEI Dundee Ave Elgin P ESAU pdate_PSI_CCDD.docx April 29, 2023. Engineering Enterprises, Inc. Phase II Environmental Services for Dundee Avenue Reconstruction, Elgin, Illinois Page 1.5 ACCEPTANCE This agreement may be accepted by signing in the appropriate space below and returning one complete copy to GZA. Issuance of a Purchase Order implicitly acknowledges acceptance of this proposal. This proposal is valid for a period of 30 days from the date of issue. We appreciate the opportunity to submit this proposal. Please feel free to contact the undersigned at (630) 684-9100 with any questions. Very truly yours, GZA, Inc. Jeremy J. Reynolds, P.G. Associate Principal Attachments: Terms and Conditions This Proposal for Services,Schedule of Fees and Terms and Conditions for Professional Services are hereby accepted and executed by a duly authorized signatory, who by execution hereof, warrants that he/she has full authority to act for, in the name, and on behalf of By: Title: Printed/Typed Name: Date: The Proposal for Services, Schedule of Fees and Terms and Conditions for Professional Services may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by an e-mail delivery of a document in ".pdf'format, each such signature shall create a valid and binding obligation of the party executing the document, or on whose behalf each document is executed, with the same force and effect as if each such facsimile or ".pdf"signature were an original thereof. TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES Including Site Investigation, Remediation, Geotechnical, Construction,And Testing ©2023.by GZA GeoEnvironmental,Inc. These Terms and Conditions,together with GZA's Proposal, make up the Agreement between GZA and you,Client, named in the attached proposal. BEFORE SIGNING THE PROPOSAL,BE SURE YOU READ AND UNDERSTAND THE PARAGRAPHS ENTITLED"INDEMNIFICATION"AND "LIMITATION OF REMEDIES"WHICH DEAL WITH THE ALLOCATION OF RISK BETWEEN YOU AND GZA. 1. Services. GZA will perform the services set forth in its Proposal and any amendments or change orders authorized by you. Any request or direction from you that would require extra work or additional time for performance or would result in an increase in GZA's costs will be the subject of a negotiated amendment or change order. 2. Standard of Care;Warranties. P:\FY2022\Transportation\EEI\Elgin\Dundee Ave\81.013014.22 EEI Dundee Ave Elgin PESAUpdate_PSI_CCDD.docx April 29, 2021 Engineering Enterprises, Inc. Phase II Environmental Services for Dundee Avenue Reconstruction, Elgin, Illinois Page 16 a. GZA will perform the services with the degree of skill and care ordinarily exercised by qualified professionals performing the same type of services at the same time under similar conditions in the same or similar locality. b. GZA warrants that its construction services will be of good quality,free of faults and defects and in conformance with the Proposal. C. EXCEPT AS SET FORTH IN SUBSECTIONS 2a AND zb,ABOVE,NO WARRANTY,EXPRESS OR IMPLIED,INCLUDING WARRANTY OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE,IS MADE OR INTENDED BY GZA'S PROPOSAL OR BY ANY OF GZA'S ORAL OR WRITTEN REPORTS. d. GZA assigns to you any manufacturers'warranties of equipment or materials purchased from others,to the extent they are assignable, and your sole recourse will be against the manufacturer. Full risk of loss of materials and equipment will pass to you upon delivery to the Site, and you will be responsible for insuring and otherwise protecting them against theft and damage. 3. Payment. a. Except as otherwise stated in the Proposal,you will compensate GZA for the services at the rates set forth in the applicable Proposal, amendment or change order;reimburse its expenses,which will include a communication fee calculated as a percentage of labor invoiced;and pay any sales or similar taxes thereon. b. Any retainer specified in GZA's Proposal shall be due prior to the start of services and will be applied to the final invoice for services. C. GZA will submit invoices periodically,and payment will be due within 20 days from invoice date. Overdue payments will bear interest at ilh percent per month or,if lower,the maximum lawful rate. GZA may terminate its services upon io days'written notice anytime your payment is overdue on this or any other project and you will pay for all services through termination,plus termination costs. You will reimburse GZA's costs of collecting overdue invoices,including reasonable attorneys'fees. 4. Your Responsibilities. a. Except as otherwise agreed,you will secure the approvals, permits,licenses and consents necessary for performance of the services.If you are the owner or operator of the Site,you will provide GZA with all documents, plans, information concerning underground structures (including but not limited to utilities, conduits, pipes, and tanks), information related to hazardous materials or other environmental or geotechnical conditions at the Site and other information that may be pertinent to the services or, if you are not the owner or operator of the Site,you agree to make reasonable efforts to obtain these same documents and provide them to GZA. Unless otherwise indicated in writing, GZA will be entitled to rely on documents and information you provide. b. If you use the services of a construction manager at the Site, you agree to use best and reasonable efforts to include in your agreement(s)with the construction contractor provisions obligating the latter: (i) to indemnify and hold harmless,to the fullest extent permitted by law,you and GZA, its officers,employees and principals,for or on account of any claims,liabilities,costs and expenses,including attorneys'fees,arising out of or relating to the design or implementation of construction means, methods, procedures, techniques, and sequences of construction, including safety precautions or programs, of the contractor,or any of its subcontractors or any engineer engaged by it; (i i) to name you and GZA as additional insureds under general liability and builder's risk insurance coverages maintained by the contractor, or any of its subcontractors;and (iii) to require that all of its subcontractors agree and be bound to the obligations set forth in(i)and(ii)above. C. In the event that you are unable to secure such provisions in the agreement(s)with the construction contractor, you shall promptly notify GZA and GZA shall have the opportunity to negotiate with you reasonable substitute risk allocation and insurance indemnities and protections. S. Right of Entry;Site Restoration. You grant GZA and its subcontractor(s)permission to enter the Site to perform the services. If you do not own the Site,you represent and warrant that the owner has granted permission for GZA to enter the Site and perform the services;you will provide reasonable verification on request;and you will indemnify GZA for any claims by the Site owner related to alleged trespass by GZA or P:\FY2022\Transportation\EEI\Elgin\Dundee Ave\81.013014.22 EEI Dundee Ave Elgin PESAUpdate_PSI_CC DD.docx April 29, 2023- Engineering Enterprises, Inc. Phase II Environmental Services for Dundee Avenue Reconstruction, Elgin, Illinois Page17 its subcontractors.GZA will exercise reasonable care to limit damage to landscaping,paving,systems and structures at the Site that may occur and you agree to compensate GZA for any restoration it is asked to perform,unless otherwise indicated in the Proposal. 6. Underground Facilities. GZA's only responsibility under this Section will be to provide proper notification to the applicable state utility "Call-Before-You-Dig"program.You further agree to assume responsibility for and to defend,indemnify and hold harmless GZA with respect to personal injury and property damages due to GZA's interference with subterranean structures including but not limited to utilities,conduits, pipes,and tanks: (i) that are not correctly shown on any plans and information you or governmental authorities provide to GZA;or (ii) that are not correctly marked by the appropriate utility. 7. Reliance. The services,information,and other data furnished by you shall be at your expense,and GZA may rely upon all information and data that you furnish, including the accuracy and completeness thereof. You acknowledge that the quality of the services provided by GZA is directly related to the accuracy and completeness of the information and data that you furnish to GZA. GZA's REPORTS ARE PREPARED FOR AND MADE AVAILABLE FOR YOUR SOLE USE. YOU ACKNOWLEDGE AND AGREE THAT USE OF OR RELIANCE UPON THE REPORT OR THE FINDINGS IN THE REPORT BY ANY OTHER PARTY, OR FOR ANY OTHER PROJECT OR PURPOSE, SHALL BE AT YOUR OR SUCH OTHER PARTY'S SOLE RISK AND WITHOUT ANY LIABILITY TO GZA. 8. Lab Tests and Samples. GZA is entitled to rely on the results of laboratory tests using generally accepted methodologies. GZA may dispose of samples in accordance with applicable laws 3o days after submitting test results to you unless you request in writing for them to be returned to you orto be held longer,in which case you will compensate GZA for storage and/or shipping beyond 3o days. 9. GZA Professionals. GZA employees or consultants may act as licensed,certified or registered professionals(including but not limited to Professional Engineers,Licensed Site or Environmental Professionals,or Certified Industrial Hygienists collectively referred to in this section as "GZA Professionals")whose duties may include the rendering of independent professional opinions.You acknowledge that a federal,state or local agency or other third party may audit the services of GZA or other contractor/consultant(s),which audit may require additional services, even though GZA and such GZA Professionals have each performed such services in accordance with the standard of care set forth herein.You agree to compensate GZA for all services performed in response to such an audit,or to meet additional requirements resulting from such an audit,at the rates set forth in the applicable Proposal,amendment or change order. io. Hazardous Materials; GZA"Not a Generator". Before any hazardous or contaminated materials are removed from the Site,you will sign manifests naming you as the generator of the waste(or,if you are not the generator,you will arrange for the generator to sign). You will select the treatment or disposal facility to which any waste is taken. GZA will not be the generator or owner of,nor will it possess,take title to, or assume legal liability for any hazardous or contaminated materials at or removed from the Site. GZA will not have responsibility for or control of the Site or of operations or activities at the Site other than its own. GZA will not undertake,arrange for or control the handling,treatment, storage,removal,shipment,transportation or disposal of any hazardous or contaminated materials at or removed from the Site,other than any laboratory samples it collects or tests.You agree to defend, indemnify and hold GZA harmless for any costs or liability incurred by GZA in defense of or in payment for any legal actions in which it is alleged that GZA is the owner,generator,treater,storer or disposer of hazardous waste. ii. Limits on GZA's Responsibility. GZA will not be responsible for the acts or omissions of contractors or others at the Site,except for its own subcontractors and employees. GZA will not supervise,direct or assume control over or the authority to stop any contractor's work,nor shall GZA's professional activities nor the presence of GZA or its employees and subcontractors be construed to imply that GZA has authority over or responsibility for the means,methods,techniques,sequences or procedures of construction,for work site health or safety precautions or programs,or for any failure of contractors to comply with contracts,plans,specifications or laws. Any opinions by GZA of probable costs of labor,materials,equipment or services to be furnished by others are strictly estimates and are not a guarantee that actual costs will be consistent with the estimates. 12. Changed Conditions. a. You recognize the uncertainties related to environmental and geotechnical services, which often require a phased or exploratory approach, with the need for additional services becoming apparent during the initial services. You also recognize that actual conditions P:\FY2022\Transportation\EEI\Elgin\Dundee Ave\81.013014.22 EEI Dundee Ave Elgin PESAUpdate_PSI_CC DD.docx April 29, 2021 Engineering Enterprises, Inc. Phase II Environmental Services for Dundee Avenue Reconstruction, Elgin, Illinois Page 18 encountered may vary significantly from those anticipated,that laws and regulations are subject to change, and that the requirements of regulatory authorities are often unpredictable. b. If changed or unanticipated conditions or delays make additional services necessary or result in additional costs or time for performance, GZA will notify you and the parties will negotiate appropriate changes to the scope of services,compensation and schedule. C. If no agreement can be reached,GZA will be entitled to terminate its services and to be equitably compensated for the services already performed. GZA will not be responsible for delays or failures to perform due to weather, labor disputes, intervention by or inability to get approvals from public authorities,ads or omissions on your part,or any other causes beyond GZA's reasonable control,and you will compensate GZA for any resulting increase in its costs. 2.3. Documents and Information. All documents,data,calculations and work papers prepared orfurnished by GZA are instruments of service and will remain GZA's property. Designs,reports,data and other work product delivered to you are for your use only,for the limited purposes disclosed to GZA. Any delayed use,use at another site,use on another project,or use by a third party will be at the user's sole risk,and without any liability to GZA.Any technology, methodology or technical information learned or developed by GZA will remain its property.Provided GZA is not in default under this Agreement,GZA's designs will not be used to complete this project by others, except by written agreement relating to use,liability and compensation. 14. Electronic Media. In accepting and utilizing any drawings,reports and data on any form of electronic media generated by GZA,you covenant and agree that all such electronic files are instruments of service of GZA, who shall be deemed the author and shall retain all common law, statutory law and other rights, including copyrights. In the event of a conflict between the signed documents prepared by GZA and electronic files,the signed documents shall govern.You agree notto reuse these electronic files,in whole or in part,for any purpose or project other than the project that is the subject of this Agreement. Any transfer of these electronic files to others or reuse or modifications to such files by you without the prior written consent of GZA will be at the user's sole risk and without any liability to GZA. 3.5. Confidentiality;Subpoenas. Information about this Agreement and GZA's services and information you provide to GZA regarding your business and the Site, other than information available to the public and information acquired from third parties, will be maintained in confidence and will not be disclosed to others without your consent,except as GZA reasonably believes is necessary:(a)to perform its services; (b)to comply with professional standards to protect public health,safety and the environment;and(c)to comply with laws and court orders. GZA will make reasonable efforts to give you prior notice of any disclosure under(b)or(c)above. Information available to the public and information acquired from third parties will not be considered confidential. You will reimburse GZA for responding to any subpoena or governmental inquiry or audit related to the services,at the rates set forth in the applicable Proposal,amendment or change order. 16. Insurance. During performance of the services, GZA will maintain workers compensation, commercial general liability, automobile liability,and professional liability/contractor's pollution liability insurance.GZA will furnish you certificates of such insurance on request. 2-7. Indemnification. You agree to hold harmless, indemnify, and defend GZA and its affiliates and subcontractors and their employees, officers, directors and agents (collectively referred to in this paragraph as "GZA") against all claims, suits, fines and penalties, including mandated cleanup costs and attorneys'fees and other costs of settlement and defense,which claims,suits,fines,penalties or costs arise out of or are related to this Agreement or the services,except to the extent they are caused by GZA's negligence or willful misconduct. 3.8. Limitation of Remedies. a. To the fullest extent permitted by law and notwithstanding anything else in this Agreement to the contrary,the aggregate liability of GZA and its affiliates and subcontractors and their employees,officers,directors and agents(collectively referred to in this paragraph as"GZA")for all claims arising out of this Agreement orthe services is limited to$50,000 or,if greater,zo%of the compensation received by GZA underthis Agreement. b. You may elect to increase the limit of liability by paying an additional fee, such fee to be negotiated prior to the execution of this Agreement. C. Any claim will be deemed waived unless received by GZA within one year of substantial completion of the services. d. GZA will not be liable for lost profits, loss of use of property, delays, or other special, indirect, incidental, consequential, punitive, exemplary,or multiple damages. P:\FY2022\Transportation\EEI\Elgin\Dundee Ave\81.013014.22 EEI Dundee Ave Elgin PESAUpdate_PSI_CCDD.docx April 29, 2021 Engineering Enterprises, Inc. Phase II Environmental Services for Dundee Avenue Reconstruction, Elgin, Illinois Page19 e. GZA will not be liable to you or the Site owner for injuries or deaths suffered by GZA's or its subcontractors'employees. f. You will look solely to GZA for your remedy for any claim arising out of or relating to this Agreement,including any claim arising out of or relating to alleged negligence or errors or omissions of any GZA principal,officer,employee or agent. ig. Disputes. a. All disputes between you and GZA shall be subject to non-binding mediation. b. Either party may demand mediation by serving a written notice stating the essential nature of the dispute,the amount of time or money claimed,and requiring that the matter be mediated within forty-five(45)days of service of notice. C. The mediation shall be administered by the American Arbitration Association in accordance with its most recent Construction Mediation Rules,or by such other person or organization as the parties may agree upon. d. No action or suit may be commenced unless mediation has occurred but did not resolve the dispute,or unless a statute of limitation period would expire if suit were not filed prior to such forty-five(45)days after service of notice. 20. Miscellaneous. a. Illinois law shall govern this Agreement. b. The above terms and conditions regarding Limitation of Remedies and Indemnification shall survive the completion of the services under this Agreement and the termination of the contract for any cause. C. Any amendment to these Terms and Conditions must be in writing and signed by both parties. d. Having received these Terms and Conditions,your oral authorization to commence services,your actions,or your use of the Report or Work Product constitutes your acceptance of them. e. This Agreement supersedes any contract terms,purchase orders or other documents issued by you. f. Neither party may assign or transfer this Agreement or any rights or duties hereunder without the written consent of the other party. g. Your failure or the failure of your successors or assigns to receive payment or reimbursement from any other party for any reason whatsoever shall not absolve you,your successors or assigns of any obligation to pay any sum to GZA under this agreement. h. These Terms and Conditions shall govern over any inconsistent terms in GZA's Proposal. i. The provisions of this Agreement are severable;if any provision is unenforceable it shall be appropriately limited and given effect to the extent it is enforceable. j. The covenants and agreements contained in this Agreement shall applyto,inure to the benefit of and be binding upon the parties hereto and upon their respective successors and assigns. P:\FY2022\Transportation\EEI\Elgin\Dundee Ave\81.013014.22 EEI Dundee Ave Elgin P ESAU pdate_PSI_CCDD.docx EXHIBIT E Illinois.Depar�YlPJ1t COST ESTIMATE OF CONSULTANT SERVICES WORKSHEET of spo FIXED RAISE Local Public Agency County Section Number ICity of Elgin Kane 20-00189-00-PV Consultant (Firm) Name Prepared By Date Huff & Huff, Inc., a subsidiary of GZA I JJJR-GZA 3/29/2021 PAYROLL ESCALATION TABLE CONTRACT TERM 12 MONTHS OVERHEAD RATE 182.42% START DATE 4/1/2021 COMPLEXITY FACTOR 0 RAISE DATE 3/1/2022 % OF RAISE END DATE 3/31/2022 ESCALATION PER YEAR % of Year First Date Last Date Months Contract 0 4/1/2021 3/1/2022 11 91.67% 1 3/2/2022 4/1/2022 1 8.50% The total escalation = 0.17% BLR 05514 (Rev. 02/01/21) Payroll Escalation Printed 4/29/2021 6:34 PM Page 1 of 11 Local Public Agency County Section Number lCity of Elgin jKane 20-00189-00-PV MAXIMUM PAYROLL RATE 78.00 ESCALATION FACTORI 0.17% PAYROLL RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Senior Principal S78.00 $78.00 Principal $78.00 $78.00 Associate Principal II $66.27 $66.38 Associate Principal 1 $61.58 $61.68 Senior Consultant $68.64 $68.75 Senior Project Manager 111 $61.31 $61.41 Senior Project Manager II $49.77 $49.85 Senior Project Manager 1 $42.93 $43.00 Senior Landscape Architect $55.01 $55.10 Senior Planning PM $56.11 $56.20 Senior Geologist PM $51.62 $51.71 Senior Technical Specialist $50.43 $50.51 Senior Scientist PM II $51.49 $51.58 Senior Technical Scientist $48.82 $48.90 Technical Graphics Technician $24.60 $24.64 Scientist PM II $46.36 $46.44 Assistant PM Scientist $36.03 $36.09 Engineer PM 1 $41.52 $41.59 Architect PM $45.19 $45.27 Assistant PM Engineer 1 $38.62 $38.68 Engineer 1 $29.33 $29.38 Scientist E1 $29.87 $29.92 Scientist E2 $25.64 $25.68 Administrative Managers $44.42 $44.49 Senior Administrative Assistant $31.22 $31.27 BLR 05514 (Rev. 02/01/21) Payroll Rates Printed 4/29/2021 &34 PM Page 2 of 11 Local Public Agency County Section Number ICity of Elgin I Kane 20-00189-00-PV SUBCONSULTANTS Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise Contribution to Prime NAME Direct Labor Total Consultant Total 0.00 0.00 BLR 05514(Rev.02/01/21) Subconsultants Printed 4/29/2021 6:34 PM Page 3 of 11 Local Public Agency County Section Number ICity of Elgin I Kane 20-00189-00-PV COST ESTIMATE WORKSHEET Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise OVERHEAD RATE 182.42% COMPLEXITY FACTORI 0 TASK STAFF PAYROLL OVERHEAD& DIRECT COSTS FIXED FEE SERVICES BY TOTAL %OF GRAND HOURS FRINGE BENEFITS OTHERS TOTAL Task 1:PESA Validation 31.5 945 1,723 345 312 0 3,325 12.35% Task 2:PSI/CCDD 67.5 2,053 3,745 7,173 677 8,000 21,648 80.39% Task 3:Project Management 4 221 404 0 73 0 698 2.59% Task 4:QAQC 7 399 727 0 132 0 1,258 4.67% Subconsultant DL 0 - TOTALS 1101 3,6181 6,599 1 7,5181 1,1941 8,0001 26,929 100.00% 10,217 BLR 05514(Rev. 02/01/21) Cost Estimate Worksheet Printed 4/29/2021 634 PM Page 4 of 11 Local Public Agency County Section Number Ci of Elgin lKane 20-00189-00-PV AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultants Services Worksheet Fixed Raise SHEET 1 OF 1 Task 3:Project PAYROLL AVG TOTAL PROD.RATES Task 1: PESA Validation Task 2: PSI/CCDD Management Task 4:QAQC HOURLY Hours °% Wgtd Hours °% Wgtd Hours % Wgtd Hours % Wgtd F25rs % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. AvgPart. Avg Part. Avg Senior Principal 78.00 0.0 Principal 78.00 0.0 Associate Principal II 66.38 4.5 4.09°% 2.72 1 1.48% 0.98 1 25.00% 16.6035.71% 23.71 Associate Principal 1 61.68 0.0 Senior Consultant 68.75 0.0 Senior Project Manager 111 61.41 0.0 Senior Project Manager 11 49.85 0.0 Senior Project Manager 1 43.00 0.0 Senior Landscape Architect 55.10 0.0 Senior Planning PM 56.20 0.0 Senior Geologist PM 51.71 9.5 8.64% 4.47 1 3.17% 1.64 1 1.48% 0.77 3 75.00% 38.78 4.5 64.29% 33.24 Senior Technical Specialist 50.51 0.0 Senior Scientist PM 11 51.58 0.0 Senior Technical Scientist 48.90 1 2.0 1.82% 0.89 0.5 1.59% 1 0.78 1.5 1 2.22°% 1.09 Technical Graphics Technician 24.64 6.0 5.45% 1.34 2 6.35% 1.56 4 5.93°% 1.46 Scientist PM 11 46.44 0.0 Assistant PM Scientist 36.09 16.0 14.55% 5.25 5 15.87% 5.73 11 16.30°% 5.88 Engineer PM 1 41.59 0.0 Architect PM 45.27 0.0 Assistant PM Engineer 1 38.68 0.0 Engineer 1 29.38 0.0 Scientist E1 29.92 34.0 30.91°% 9.25 10 31.75% 1 9.50 24 35.56°% 10.64 Scientist E2 25.68 36.0 1 32.73°% 8.41 12 38.10% 9.78 24 35.56°% 9.13 Administrative Managers 44.49 0.0 Senior Administrative Assistant 31.27 2.0 1.82% 0.57 1 3.17°% 0.99 1 1.48% 0.46 0.0 0.0 TOTALS 110.0 100°% $32.89 31.5 100.00% $29.99 67.5 100% $30.41 4.0 100°% $55.37 7.0 100% $56.95 0.0 0% $0.00 BLR 05514 (Rev. 02/01/21) Printed 4/29/2021 6:34 PM Page 5 of 11 Avg Hourly 1 HUFF & HUFF, INC. SUMMARY OF DIRECT COSTS Project: EEI Elgin Dundee Ave Ph II DIRECT Task 1 - PESA Validation Trips 70 miles x 1 x $ 0.56 = $ 39.20 Tolls 6 x $ 0.90 = $ 5.40 Database 1 x $ 300.00 = $ 300.00 Task Total $ 344.60 Task 2 - PSI/CCDD Trips 70 miles x 2 x $ 0.56 = $ 78.40 Tolls 12 x $ 0.90 = $ 10.80 Field Kit 1 day x 2 x $ 30.00 = $ 60.00 PID 1 day x 2 x $ 50.00 = $ 100.00 vOC 1 ea x 12 x $ 138.00 = $ 1,656.00 PNAs 1 ea x 20 x $ 105.00 = $ 2,100.00 RCRA total 1 ea x 20 x $ 90.00 = $ 1,800.00 RCRA spip/tclp 1 ea x 10 x $ 90.00 = $ 900.00 pH 1 ea x 26 x $ 18.00 = $ 468.00 0 x $ - = $ - Task Total $ 7,173.20 Task 3 - Project Management 0 x $ - _ $ - Task Total $ - Task 4 - QAQC 0 x $ - _ $ - Task Total $ - GRAND TOTAL $ 7,517.80 F:\Proposal-FY2022\EEI\Elgin\[81.P013014.22 EEI Elgin Dundee Ph II IDOT Direct Costs.xls]Direct Costs HUFF & HUFF, INC. SUMMARY OF SERVICES BY OTHERS Project: EEI Elgin Dundee Ave Ph II OUTSIDE Task 1 - PESA Validation 0 x $ - _ $ - Task Total $ - Task 2 - PSI/CCDD Driller (Day) 2 x $ 2,000.00 = $ 4,000.00 Traffic Control (day) 2 x $ 2,000.00 = $ 4,000.00 Task Total $ 8,000.00 Task 3 - Project Management 0 x $ - _ $ - Task Total $ - Task 4 - QAQC 0 x $ - _ $ - Task Total $ - GRAND TOTAL $ 8,000.00 F:\Proposal-FY2022\EEI\Elgin\[81.P013014.22 EEI Elgin Dundee Ave Ph II BLR 05514 CECS FORM.xlsm]AVG 1 FP�roposed f Elgin Dundee Ave. Reconstruction Legend PSl/CCDD Soil Borings PESA De Minimis Sites PESA No Status Sites r PESA PIP/REC Sites ' �� ; , / ;. • Proposed PSI/CCDD Soil Borings r• r fF ;mow, IML o JU7 �� t'�: �ti• w�, .� _ _ —.dam'� ny�, —. > `'�'� a ' ' K 1 y �1.. - ar.T.Y: g - , 44. �44— Tm- ,kkfrf; o ri t 9 � l '_Syr ;� � �r >k +7. Y�• ��.y - � i '"+� .- - - - - - ��,. 1 ,'� '��}�-"�� '^'�;-. -:� "pC t;, a -. '.• '} �• � JJ iq i t .._. J t J City of Elgin Dundee Ave. Reconstruction Legend Proposed PSVCCDD Soil Borings it PESA De Mnimis Sites PESA No Status Sites PESA PIP/REC Sites lrJ � • Proposed PSVCCDD Soil Borings r'lia r. ( pot • ,SYc y y JL a w I ,.ram is e G fr ��-,,,ff�yyy 44 .f dr S . - yr �Z o 50 100 WILE FEET LEGEND EXISTING NOW ESR Wlf EXISTING �- a t .VESR LIMIT S " i �i�.�r'^r.__ �Y�.: —_3__. .._.a—='!•!! e:. .n t _ ;.. / � 1.w __ __ _ ._. ----------------- EXISTING HOW ESR LIMIT ^r • 1 DUNDEE AVENUE e A e ♦ .... -da r iW 3a�5 ='07 9$ R06 �nxaxLL Yt CRY OF EEDIx REvxEo __ DUNDEE AVENUE nrE. couxrr SxEEiS rxi0. U }g' Has 15o DEXTER COURT RFrtscn _ STATE OF ILLINOIS YAxE X ELGIN,LCOIIO R o DEPARTMENT OF TRANSPORTATION INITIAL ESR SUBNRTAI T5 5 o srn. T eAmes Engineering, Inc. Consulting Engineers Project: Dundee Ave. (Page Ave. to Enterprise St.) June 1, 2021 City of Elgin, Kane County AEI Ref. #2021-08 Ames Engineering, Inc. (AEI)will be the sub-consultant to Engineering Enterprises, Inc. to provide lighting PS&E and to provide CADD services for the above project. Ames will also provide an analysis for the City of Elgin for two lighting options. Scope of Work—Lighting Ames Engineering, Inc. (AEI) scope of services consists of providing two lighting plan options (costs)for Elgin's consideration (1. To match the spacing of existing ComEd lighting and 2. To provide lighting in conformance with ANSI/IES RP-8-18 requirements). Then to provide the design of lighting plans for Dundee Ave. from south of Page Ave. to Enterprise St. based on the selected option. The plans shall be reviewed by [DOT-Local Roads. The work will consist of the following items: 1. Two Cost Estimates for Lighting Options 2. Provide General Notes, Legend and Schedule of Quantities 3. Provide proposed lighting plans 4. Wiring Diagram/Load table 5. Electrical Detail sheets 6. Photometric Calculations 7. Special Provisions 8. Voltage Drop Calculations 9. Field visit 10. RFI's 11. Engineers Cost Estimate 12. Coordination with ComEd 13. Meetings with Prime/Client 14. QA/QC 15. Project management and administration Items not included in scope: 1. Any items outside the scope of work and project limits as shown above. 2. Additional hours will be required if changes to geometry are made after the final plan submittal. 3. Lighting plans at Dundee Ave. at Page Ave. or at IL 83 at Grimm Rd. Items to be furnished to AEI: 1. Base sheets in dgn format. 2. All underground utilities (dgn format). 3. City of Elgin Details/Standards in electronic format 4. Electronic files (dgn format) of proposed roadway geometry, alignment shall be provided by the Prime. •6330 Belmont Road, Suite 4B, Downers Grove, IL 60516 •630-737-1987 (T) • 630-470-9891 (F) eAmes Engineering, Inc. Consulting Engineers Project: Dundee Ave. (Page Ave. to Enterprise St.) June 1, 2021 City of Elgin, Kane County AEI Ref. #2021-08 Manhour Estimate- Lighting Item Task Hours 1. Two Cost Estimates for Lighting Options 8 2. General Notes, Legend and Schedule of Quantities 1 sheet 8 3. Proposed Lighting Plans 2 sheets 1"=50 scale 36 hrs/sheet 72 4. Wiring Diagram/Load Table 1 sheet 12 5. Electrical Detail sheets 5 sheets @ 2hrs/sheet 10 6. Photometric Calculations 2 Concepts) 8 7. Special Provisions 6 8. Voltage Drop Calculations 8 9. Field Visit 1 field trip 2 persons @ 4 hrs/tri 8 10. RFI's 4 11. Engineer's Cost Estimate 8 12. Coordination with ComEd electric service and removal of existing units 8 13. Meetings with Prime/Client 1 meeting 4 hrs/meetin 4 14. QA/QC 5 15. Project management and administration 7 Total 176 •6330 Belmont Road, Suite 4B, Downers Grove, IL 60516 •630-737-1987 (T) •630-470-9891 (F) eAmes Engineering, Inc. Consulting Engineers Project: Dundee Ave. (Page Ave. to Enterprise St.) June 1, 2021 City of Elgin, Kane County AEI Ref. #2021-08 Direct Cost Estimate—Lighting Travel: Field Check: 1 trip @ $65/day=$65 Meeting: 1 meeting @ $65/day=$65 $ 130.00 In-House Miscellaneous: 70 CADD Hrs: x $10/hr= $700 $ 700.00 TOTAL $ 830.00 •6330 Belmont Road, Suite 4B, Downers Grove, IL 60516 •630-737-1987 (T) •630-470-9891 (F) EXHIBIT C-1 COST ESTIMATE OF CONSULTANT SERVICES ROUTE: Dundee Ave(Page Ave-Enterprise St) PROJECT: CONSULTANT: AMES Engineering, Inc. DATE: 06/02/2021 SECTION: COUNTY: Kane JOB NO.: OVERHEAD RATE 114.39% COMPLEXITY FACTOR 0 OVERHEAD IN-HOUSE SERVICES %OF ITEM MANHOURS PAYROLL &FRINGE DIRECT FIXED BY TOTAL GRAND BENEFIT COSTS FEE OTHERS TOTAL A B C D E F G H Phase 11 1 Lignting 164 $8,426.42 $9,638.98 $830.00 $2,739.83 $21,635.24 93.32% 2 Project Management 7 $371.35 $424.79 $115.44 $911.58 3.93% 3 OCOA 5 $259.15 $296.44 $80.56 $636.15 2.74% 4 5 6 7 8 9 10 "ENTER ANOTHER PHASE TYPE HERE" 11 12 13 14 15 16 17 18 19 20 TOTALS 176 $9.056.92 $10,360.21 $830.00 $2,935.83 $0.00 $23,182.96 100.00% EXHIBIT C-2 AVERAGE HOURLY RATES CONSULTANT: AMES Engineering, Inc. ROUTE: Dundee Ave(Page Ave-Enterprise St) PROJECT: DATE: 06/02/2021 SECTION: COUNTY: Kane JOB NO.: SHEET 1 OF 4 Lignting Project Management QCQA PAYROLL HOURLY % WGTD % WGTD % WGTD % WGTD CLASSIFICATION RATE HOURS PART RATE HOURS PART RATE HOURS PART RATE HOURS PART RATE PROJECT MANAGER $53.05 7 100.0% $53.05 PROJECT ENGINEER $51_83 29 17.7% $9.17 5 100.0% S51.83 SENIOR ELECTRICAL ENGINEER $59.51 85 51.8% $30.84 CADD TECHNICIAN $37.30 50 30.5% $11.37 TOTALS 1 164 T-i000%l $51.38 1 7 100.0%1 $53.05 1 5 1100.0%1$51.83 0 1 0.0% $0.00 EXHIBIT C-3 DETAILED SUMMARY OF DIRECT COSTS CONSULTANT: AMES Engineering, Inc. ROUTE: Dundee Ave(Page Ave-Enterprise St) PROJECT: SECTION: COUNTY: Kane JOB NO.: INHOUSE DIRECT COSTS CADD HOURS 70 X$10 $700.00 Cost TRAVEL 2 x$65 $130.00 #of days x mileage rate/day Cost SURVEY SUPPLIES PRINTING (breakdown in following manner: #of sets x#of prints/set x rate) Blueprints: Reports: OUTSIDE DIRECT COSTS PRINTING Mylars: Reports: AGREEMENT FOR LAND ACQUISITION CONSULTING SERVICES Engineering Enterprises,Inc. Dundee Avenue AGREEMENT between Mathewson Land Services, Inc. (MLS) whose address is 30 North LaSalle Street, Suite 2400, Chicago, Illinois 60602 and Engineering Enterpises, Inc. (EEI),whose address is 52 Wheeler Road,Sugar Grove,Illinois 60554. MLS shall provide to EEI, on behalf of the City of Elgin (CITY), consulting services for the acquisition of right of way for the Dundee Avenue Project(PROJECT). The PROJECT shall consist of the acquisition of approximately I parcel. MLS shall perform the following services: 1. Title Work 2. Appraisal 3. Appraisal Review 4. Negotiations (including document preparation and title clearance) 5. Closing 6. Certification All of the above are described as specified in Exhibit A: Scope of Services attached hereto. EEI shall compensate MLS for the services provided under this AGREEMENT as provided in Exhibit B: Compensation attached hereto. The total amount of compensation authorized by this agreement is not to exceed $9,000.00. Exhibit C: Terms and Conditions is attached hereto and made a part hereof. Submitted this 20th day of May,2021. Accepted this_day of ,2021. Math L d Services,Inc. Engineering Enterprises,Inc. B By: ar D. Mathewson sident Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services EXHIBIT A: SCOPE OF SERVICES MLS agrees to perform,at the direction of EEI,the following services: 1. Title Work 2. Appraisal 3. Appraisal Review 4. Negotiations (including document preparation and title clearance) 5. Closing 6. Certification All services called for in this AGREEMENT will be conducted by an individual or individuals whose qualifications have been approved by the Illinois Department of Transportation, when applicable. All services within the scope of this AGREEMENT shall be performed, where applicable, in accordance with the IDOT Land Acquisition Policies and Procedures Manual, hereinafter referred to as the LAPPM. APPRAISALS Determinations of fair market value performed b the Appraiser shall be in accordance with the P Y Pp LAPPM. The Appraiser shall make a detailed inspection of the properties and make such investigations and studies as are necessary to derive sound conclusions for the preparation of appraisal reports. Valuations shall be prepared as outlined in the LAPPM.The format to be used shall be one of the following types as described in the LAPPM: • Non-Complex Appraisal Report • Complex Appraisal Report The Appraiser is to determine which type of appraisal format should be used for each parcel and obtain the CITY's concurrence.MLS shall provide a copy of an appraisal of each parcel together with Improvement Disposition Values form to be submitted to the CITY for approval. Property needed shall be acquired by fee simple,dedication,permanent easement,temporary use permit, or temporary easement as determined and shown on the right of way plan furnished by EEI. It may be necessary for a completed appraisal to be updated for condemnation purposes or revised due to a change in the ROW plat or due to new information provided by the CITY or EEI. These updates or revisions will be assigned to the Appraiser in a separate work order as the need arises.An Appraiser's revision of the appraisal due to the Review Appraiser's comments or Page 2 of I I Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services corrections does not constitute an update or revision that would necessitate a separate work order. On parcels that require the acquisition of a residence, it may be necessary for the Appraiser to perform an additional analysis to determine an allocated value for the residence and home site as separate from the whole parcel to be acquired.This would be needed for relocation purposes and is not to be included in the appraisal report.The cost for the additional appraisal analysis will be established in the work order for that appraisal. The Appraiser shall prepare a comparable sales brochure in accordance with the LAPPM for each project and as directed by the CITY. The Appraiser shall prepare grids that compare comparable sales to the subject parcel, where appropriate. The Appraiser shall include land and improvement allocations in the comparable sales data section of all appraisals. The Non-Complex Appraisal Report and Complex Appraisal Report, and an updated or revised appraisal report, shall be deemed complete when an acceptable appraisal report is submitted by MLS and approved by the CITY. Appearances in court and/or pretrial conferences,which include depositions and preparation time for depositions and court, may be required for the appraisal services requested herein. The time spent at such appearance or appearances shall be made upon request of the CITY or its trial counsel and shall be paid for as specified in Exhibit B. Appraiser may be asked to perform a Cost Analysis for budgetary purposes. Appraiser may be asked to provide a Comparable Sales Book as an on-going assignment independent of individual appraisals. MLS staff may assist in the preparation of appraisal work. REVIEW APPRAISALS All appraisals must be reviewed and certified by a Review Appraiser. Appraisal reviews performed by the Review Appraiser must be in accordance with the LAPPM. It is the Review Appraiser's responsibility to ensure that all items affecting the value of the property have been considered in the appraisal. A study of the comparable sales brochure is considered as part of the appraisal review. The Review Appraiser must complete an Appraisal Review Certification for all appraisal reviews. Page 3 of 1 1 Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services It may be necessary for a completed appraisal review to be updated due to a change in the ROW plat or due to new information provided by the CITY. These updates or revisions will be assigned to MLS in a separate work order as the need arises. A Review Appraiser's second or other subsequent review of an appraisal, rewritten by the appraiser due to the Review Appraiser's comments or corrections, does not constitute an update or revision to the appraisal review that would necessitate a separate work order. The Appraisal Review for the Non-Complex Appraisal Report and Complex Appraisal Report, and an updated or revised appraisal review, shall be deemed complete when an acceptable Appraisal Review is submitted by MLS and approved by the CITY. Appearances in court and/or pretrial conferences,which include depositions,may be required for the review appraisal services requested herein.The time spent at such appearance or appearances shall be made upon request of the CITY or its trial counsel and shall be paid for as specified in Exhibit B. The Review Appraiser may be asked to perform a Cost Analysis for budgetary purposes. The Review Appraiser may be asked to review a Comparable Sales Book as an on-going assignment independent of individual appraisals. MLS staff may assist in the preparation of review appraisal work. NEGOTIATIONS The Negotiator is responsible for all land acquisition negotiations conducted under this AGREEMENT.Negotiations shall be in accordance with the LAPPM.The negotiator shall: • Be the CITY's representative to the property owner. • Work with the Project Manager to receive and understand the scope of work for each work order and the associated deadlines/time frames involved. • Establish schedules for each activity and report the progress to the Project Manager to assure a quality product. • Assure that the deadlines assigned are met. • Maintain channels of communication. • Provide a quality product. Before the initiation of negotiations for each parcel, the CITY must approve the amount of just compensation. The Negotiator shall fully document on an ongoing basis all efforts made to acquire the parcel in the Negotiator's Report. Said report shall be available to the CITY as reasonably requested. Page 4 of 11 Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services The Negotiator may recommend administrative settlements as outlined in the LAPPM. Administrative settlements will be determined by the CITY on an individual parcel basis. In the event MLS, after having made every reasonable effort to negotiate with the owner of a parcel,is unable to obtain a settlement on the approved appraisal amount,MLS shall prepare and submit a written report summarizing the progress of negotiations to date together with a copy of MLS's Negotiator's Report completed to date with the names and addresses of all interested parties. MLS's written report shall also include its recommendation for further procedure towards acquiring the parcel. The CITY may elect to prepare and forward a Final Offer letter (with copy to MLS) to the owner of the parcel and thereafter refer the matter to the City Attorney's Office to proceed with preparation of a condemnation petition. In any case,the CITY reserves the right to require MLS to make additional negotiation contacts with the parcel owner up until the actual date of filing a petition to condemn the parcel. The negotiation for a parcel will be deemed complete when all required documents necessary to obtain title approval are submitted and approved by the CITY. If a negotiated settlement cannot be reached, the negotiation for a parcel will be deemed complete when the documentation for eminent domain action is submitted and approved by the CITY,and the complaint is filed. If requested to do so, MLS shall provide title review and an attorney's approval letter provided by Mathewson &Mathewson,P.C.for no additional cost. Each Updated Negotiation or Revised Negotiation shall be paid for at the per parcel fee as specified in Exhibit B. An updated negotiation or revised negotiation is defined as additional negotiation work requested by the CITY due to new parcel information supplied by the CITY to MLS after first contact with the property owner.New parcel information could include,but is not limited to, significant changes in the area of the acquisition; updated (and modified) appraisal amounts that require revised negotiation documents; updated (and modified) title information that requires negotiations with additional property owner(s). Any additional work required to obtain title approval does not constitute an update or revision that would necessitate a separate work order. Where the acquisition of a parcel involves the displacement of an owner or tenant occupant from a residence or any personal property thereof, MLS shall coordinate the offering of relocation assistance any payments to each displaced owner-occupant simultaneously with initiation of negotiations and to each displaced tenant-occupant within seven (7) days following initiation of negotiations for the parcel. Appearances in court and/or pretrial conferences, which include depositions, may be required for the negotiation services requested herein. The time spent at such appearance or appearances shall be made upon request of the CITY or its trial counsel and shall be paid for as specified in Exhibit B. Page 5 of I I Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services EXHIBIT B: COMPENSATION The services to be provided by MLS under this agreement shall be assigned and compensated as provided in the table below. Task Fee Parcels Total Title Work $500.00 1 $500.00 Appraisal $3,000.00 1 $3,000.00 Appraisal Review $1,500.00 1 $1,500.00 Negotiations(including document preparation and title clearance) $250.00/hour 1 Not to exceed$3,000.00 Closing $500.00 1 $500.00 Certification $500.00 1 $500.00 Total: $9,000.00 The sum total of all services provided for in this AGREEMENT shall not exceed $9,000.00. The not to exceed number above shall not include any of the following direct expenses related to the project. These expenses shall include, but not be limited to, title insurance fees, recording fees, partial release fees, land trustee fees, and escrow fees. EEI shall reimburse MLS for the actual cost of the direct expenses. It is understood that appearances in court and pretrial conferences may be required in relation to the negotiation services called for herein and it is agreed that such appearance or appearances shall be made upon request of CITY or its trial counsel. In event of such services being requested,they will be provided as follows: (a) Rate each half day or fraction thereof for time spent in pretrial conference$1,000.00. (b) Rate each half day or fraction thereof for time spent in court$1,000.00. The fees for services shall include all transportation, food, lodging, telephone, or any other operating expenses incurred by MLS in the performance thereof. Page 6 of I I Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services EXHIBIT C: TERMS AND CONDITIONS 1. Parcels EEI shall provide MLS with relevant plats of highways, legal descriptions and construction plans for each parcel to be acquired. Each parcel shall consist of one or more basic parcels of land required as right of way for highway purposes to be acquired in fee simple title, and such other easements (temporary or permanent) for uses incidental to construction of the highway but which are not considered as part of the highway right of way, all of which are under the same ownership involving a complete contiguous parcel. 2. Termination EEI may terminate this AGREEMENT at any time and for any cause by a notice in writing to MLS. In the event of such termination,payment will be made to MLS for any completed services. Services in the process of completion shall be compensated for on an equitable basis and all incomplete parcel data collected in connection with them shall be turned over and become the property of the CITY; provided, however, this AGREEMENT be terminated solely because the progress or quality of work is unsatisfactory as determined by CITY or EEI accepting this AGREEMENT,then no payment will be made or demanded by MLS for any services which have not been completed and delivered to EEI and CITY prior to the date of said termination. 3. Project Materials a. It is understood and agreed that the CITY shall be considered the sole owner of all plats, legal descriptions, ownership and occupancy records, forms of deeds and easements, title reports, and any and all other material furnished, prepared or obtained by MLS during the course of providing its services for the parcel and shall be maintained in a separate parcel file for the parcel assigned. MLS will provide a copy of the original file of the parcel during the course of the project to CITY. MLS will provide a timely update of all documents that pertain to the parcel during the course of the project. Upon completion of the project the original file will be delivered to CITY. Upon termination of this AGREEMENT for any cause or upon completion of the acquisition of the parcel or upon request of CITY when acquisition is determined to be by Eminent Domain proceedings, MLS's parcel file shall be delivered to the CITY. MLS's parcel files shall be available for inspection or review of its contents by CITY, Illinois Department of Transportation or Federal Highway Administration personnel at any time. b. Electronic copies shall be provided unless CITY requests to the contrary. Page 7 of 1 I Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services 4. Records Preservation MLS shall maintain, for a minimum of five years after the completion of the AGREEMENT, adequate books, records, and supporting documents to verify the amount, recipients, and uses of all disbursements of funds passing in conjunction with the AGREEMENT; the AGREEMENT and all books, records, and supporting documents related to the AGREEMENT shall be available for review and audit by the CITY Auditor; and the MLS agrees to cooperate fully with any audit conducted by the Auditor 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 CITY for the recovery of any funds paid by the CITY under the AGREEMENT for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 5. Consultant Certifications and Representations a. MLS certifies that MLS has read the certifications and assurances described in this AGREEMENT and in the Standard Provisions,and certifies that Mark D.Mathewson's signature on the AGREEMENT constitutes an endorsement and execution of each certification and assurance as though each were individually signed, and made on behalf of the contracting entity and its officers and each individual authorized to do work for the CITY under this AGREEMENT. b. MLS under penalties of perjury, certifies that 85-4092178 is its correct Federal Taxpayer Identification number.It is doing business as a Corporation. c. MLS certifies that it is not in default on an educational loan. d. MLS certifies that it is not barred from bidding on State of Illinois AGREEMENTS because of violations of State law regarding bid rigging or rotating. 720 ILCS 5/33E-3, 33E-4. e. MLS certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this AGREEMENT, or if a corporation, partnership, or other entity with 25 or more employees, have completed and signed a "DRUG-FREE WORKPLACE CERTIFICATION." f. MLS, under penalty or perjury under the laws of the United States, certifies that the company or any person associated therewith in the capacity of owner,partner,director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: i. is not currentlyunder suspension, debarment voluntary exclusion or P ary , determination of ineligibility by any federal agency; Page 8 of 11 Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services ii. has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; iii. does not have a proposed debarment pending; and iv. has not been indicted, convicted, or the subject of a civil judgment by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. g. MLS certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois nor has MLS made admission of guilt of such conduct which is a matter of record,nor has any official,officer,agent,or employee of this company been so convicted nor made such an admission. h. MLS is hereby notified that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and Title 49, Code of Federal Regulations, Part 21, issued pursuant to such Act, will affirmatively insure that any AGREEMENT entered into pursuant to this AGREEMENT will be awarded without discrimination on the grounds of race,color,or national origin. i. MLS warrants and represents that it is fully qualified to provide the services hereunder provided for in this Agreement. 6. Disclosures a. MLS hereby certifies that if any conflict of interest arises, in any of the parcels subsequently assigned to it, it will immediately, within 5 business days of receipt, inform the CITY accepting this AGREEMENT and return all material furnished to him for reassignment to others. b. It is understood and agreed that Appendices A and B shall be a part of this AGREEMENT and MLS agrees to be bound by the terms and provisions contained herein. c. MLS warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for it, to solicit or secure this AGREEMENT, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for it,any fee,commission,percentage,brokerage fee,gift,or any other consideration, contingent upon or resulting from the award or making of the AGREEMENT. For breach or violation of this warranty,the CITY shall have the right to annul this AGREEMENT without liability. Page 9 of 11 Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services 7. Indemnity MLS will indemnify and hold harmless the CITY from all claims and liability due to activities of himself, its agents, and its employees and will comply with all Federal, State, and local laws and ordinances. 8. Insurance MLS shall obtain Commercial General Liability in a broad form, to include but not be limited to, coverage for the following where exposure exists: Bodily Injury and Property Damage, Premises/Operations, Independent contractors, Products/Completed Operations, Personal Injury, Professional Liability and contractual Liability; limits of liability not less than: $1,000,000.00 per occurrence and$2,000,000.00 in the aggregate. Business Auto Liability to include,but not be limited to,coverage for the following where exposure exists: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership; limits of liability not less than: $1,000,000.00 per occurrence,combined single limit for Bodily Injury and Property Damage Liability. Workers' Compensation Insurance will cover all employees that meet statutory limit in compliance with applicable state and federal laws. The coverage must also include employer's liability with minimum limits of $100,000.00 for each incident. CITY shall be provided with Certificates of Insurance evidencing the above required insurance prior to the commencement of services and thereafter with the certificates evidencing renewals or changes to said policies of insurance at least fifteen (15) days prior to the expiration or cancellation of any such policies. CITY shall be named as additional insured on all liability policies, and MLS acknowledges that any insurance maintained by CITY shall apply in excess of, and not contribute to, insurance provided by MLS. The contractual liability arising out of the AGREEMENT shall be acknowledged on the Certificate of Insurance by the insurance company. CITY shall be provided with thirty (30) day prior notice, in writing, of Notice of Cancellation or material change and said notification requirements shall be stated on the Certificate of Insurance. 9. Breach Nothing herein shall be construed as prohibiting the parties to the AGREEMENT from pursuing any other remedies available to the parties for such breach or threatened breach, including recovery of damages from the parties. This provision shall survive any termination of this AGREEMENT. 10. Governing Law Terms of this AGREEMENT will be governed by Illinois law. Page 10 of 1 l Engineering Enterprises,Inc. Dundee Avenue Project Agreement for Land Acquisition Consulting Services 11. Transferability MLS agrees that this AGREEMENT or any part thereof will not be sublet or transferred without the written consent of the CITY accepting this AGREEMENT. 12. Execution of AGREEMENT In the event this AGREEMENT is executed,it shall constitute a contract as of the date it is approved by CITY or its authorized representative and shall be binding on MLS, its executors,administrators,successors or assigns,as may be applicable. Page 11 of 11 APPENDIX A During the performance of this contract,the contractor,for itself, its assignees and successors in interest(hereinafter referred to as the"Contractor"),agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as Regulations),which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract,shall not discriminate on the ground of race,color or national origin in the selection and retention of subcontractors including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts,Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement or materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race,color or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations,or directives issued pursuant thereto,and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the State or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State or the Federal Highway Administration is appropriate and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,including,but not limited to: • withholding of payments to the contractor under the contract until the contractor complies,and/or • cancellation,termination or suspension of the contract,in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of Paragraph (1) through(6)in every subcontract,including procurement of materials and leases of equipment, unless exempt by the Regulations,or directives issued pursuant thereto.The contractor shall take such action with respect to any subcontract or procurement as the State of the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the contractor may request the. State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Fair Employment Practices Commission as a material term of all public contracts: EQUAL EMPLOYMENT OPPORTUNITY. In the event of the contractor's noncompliance with any provision of this Equal Employment Opportunity Clause,the Illinois Fair Employment Practices Act or the Fair Employment Practices Commission's Rules and Regulations for Public Contracts, the contractor may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or avoided in whole or in part, and such other sanctions or penalties may be imposed and remedies invoked as provided by Statute or regulation. During the performance of this contract (Agreement), the contractor (Consultant) agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or ancestry, physical or mental handicap unrelated to ability, or an unfavorable discharge from the military service, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2. That, if it hires additional employees in order to perform this contract, or any portion hereof,it will determine the availability(in accordance with the Commission's Rules and Regulations for Public Contracts) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf,it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability,or an unfavorable discharge from the military service. 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding,a notice such labor organization or representative of the contractor's obligations under the Illinois Fair Employment Practices Act and the Commission's Rules and Regulations for Public Contracts. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations,the contractor will promptly so notify the Illinois Fair Employment Practices Commission and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5. That it will submit reports as required by the Illinois Fair Employment Practices Commission's Rules and Regulations for Public Contracts, furnish all relevant information as may from time to time be requested by the Commission or the contracting agency, and in all respects comply with the Illinois Fair Employment Practices Act and the Commission's Rules and Regulations for Public Contracts. 6. That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Commission's Rules and Regulations for Public Contracts. 7. That it will include verbatim or by reference the provisions of Paragraphs I through 7 of this clause in every performance subcontract as defined in Section 2.1 O(b) of the Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor; and that it will also so include the provisions of paragraphs 1,5,6 and 7 in every supply subcontract as defined in Section 2.1 O(a) of the Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by all it subcontractors; and further it will promptly notify the contracting agency and the Illinois Fair Employment Practices Commission in the event any subcontractor fails or refuses to comply therewith. In addition, no contractor will utilize any subcontractor declared by the Commission to be nonresponsible and therefore ineligible for contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above,following is an excerpt of Section 2 of the FEPC's Rules and Regulations for Public Contracts: Section 2.10. The term "Subcontract" means any agreement,arrangement or understanding, written or otherwise,between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee): • for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements,which,in whole or in part,is utilized in the performance of any one or more contracts;or • under which any portion of the contractor's obligation under any one or more contracts is performed,undertaken or assumed. By signing this Proposal, the CONSULTANT agrees to the provisions as written. Upon acceptance by the LPA,this Contract shall be governed by Illinois law. For the CONSULTANT: Mathewson Land Services,Inc. 30 Nor Ile Street,Suite 2400 Chicago,I 60 By: May 20,2021 01ob?athewson,President FEIN: 85-4092178 Telephone: (312)676-2900 For the LPA: City of Elgin! Engineering Enterprises,Inc. By: Date: LPA Representative