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HomeMy WebLinkAbout21-148 Certified State of Illinois) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of: RESOLUTION NO. 21-148 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY ENGINEERING SERVICES AGREEMENT WITH BAXTER& WOODMAN, INC. FOR DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 4 PHASE II PROJECT adopted by the Elgin City Council at its legally convened meeting held on October 13, 2021. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this 19th day of October 2021. Kimberly D , City Clerk y f (SEAL) ' Resolution No. 21-148 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY ENGINEERING SERVICES AGREEMENT WITH BAXTER&WOODMAN, INC. FOR DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 4 PHASE II PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Local Public Agency Engineering Services Agreement on behalf of the City of Elgin with Baxter & Woodman, Inc., for design engineering services in connection with the Elgin Bikeway Route 4 Phase II Project, copies of which are attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 13, 2021 Adopted: October 13, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Illinois Department Local Public Agency o 0 of Transportation Engineering Services Agreement Agreement For Agreement Type Using Federal Funds?® Yes ❑ No Federal PE Original LOCAL PUBLIC AGENCY Local Public Agency County Section Number Job Number City of Elgin Kane 09-00176-00-BT D-91-305-09 Project Number Contact Name Phone Number Email ULN8(626) Ron Rudd (847) 931-6081 11 rudd_r@cityofelgin.com SECTION PROVISIONS Local Street/Road Name Ke Route Length Structure Number Bowes Road 0528 1.65 Location Termini Add Location Bowes Creek Blvd to Randall Road Remove Location SECTION PROVISIONS Local Street/Road Name Key Route Len th Structure Number Randall Road 0336 0.55 Location Termini Add Location Bowes Road to College Green Drive Remove Location SECTION PROVISIONS Local Street/Road Name Ke Route Len th Structure Number East Road 0740 0.47 Location Termini Add Location Sports Way Drive to IL Route 31 Remove Location Project Description Final engineering (Phase II) to complete plans, specifications, and estimate of cost for bike path IV, consisting of a combination of road widening (on road path), new bike path construction (off road path), and repairing existing bike paths. Engineering Funding ® Federal ❑ MFT/TBP ❑ State ❑ Other Anticipated Construction Funding ® Federal ❑ MFT/TBP ❑ State ❑ Other AGREEMENT FOR ❑ Phase I-Preliminary Engineering ® Phase II-Design Engineering CONSULTANT Consultant Firm Name Contact Name Phone Number Email Baxter&Woodman, Inc. Jason J. Fluhr (815) 444-3222 fluhr@baxterwoodman.com Address Cit State Zip Code 8678 Ridgefield Road Crystal Lake IL 60012 THIS AGREEMENT IS MADE between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the improvement of the above SECTION.Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT,"will be Printed 02/19/21 Page 1 of 11 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610. BLR 05611 used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an individual,partnership,firm or legal entity,qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT.The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean: Regional Engineer Deputy Director,Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: ® EXHIBIT A: Scope of Services ® EXHIBIT B: Project Schedule ® EXHIBIT C: Direct Costs Check Sheet ® EXHIBIT D: Qualification Based Selection (QBS)Checklist ® EXHIBIT E: Cost Plus Fixed Fee Cost Estimate of Consultant Services Worksheet(BLR 05513 or BLR 05514) ® EXHIBIT F: MANHOUR SUMMARY ® EXHIBIT G: SMC PROPOSAL El 1. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error,omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations,State of Illinois Statutes, and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA for Preliminary and/or Design Engineering:The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7. To submit a completed BLR 05613, Engineering Payment Report,to the DEPARTMENT within three months of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement.The form shall be submitted with the final invoice. 8. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of United States Department of Transportation(US DOT)assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 9. That none of the services to be furnished by the ENGINEER shall be sublet assigned or transferred to any other party or parties without written consent of the LPA.The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 10. For Preliminary Engineering Contracts: (a)To attend meetings and visit the site of the proposed improvement when requested to do so by representatives of the LPA or the DEPARTMENT, as defined in Exhibit A(Scope of Services). (b)That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by the ENGINEER and affix the ENGINEER's professional seal when such seal is required by law.Such endorsements Printed 02/19/21 Page 2 of 11 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 must be made by a person,duly licensed or registered in the appropriate category by the Department of Professional Regulation of the State of Illinois. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the DEPARTMENT. (c)That the ENGINEER is qualified technically and is thoroughly conversant with the design standards and policies applicable for the PROJECT;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated in Exhibit A(Scope of Services). 11. That the engineering services shall include all equipment, instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT(See Exhibit C). 11. THE LPA AGREES, 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a)Professional Services Selection Act(50 ILCS 510),The Brooks Act(40 USC 11),and the Procurement, Management,and Administration of Engineering,and Design Related Services(23 CFR part 172). Exhibit D is required to be completed with this AGREEMENT. 2. To furnish the ENGINEER all presently available survey data,plans,specifications,and project information. 3. To pay the ENGINEER: (a)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA,monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: ❑ Lump Sum ❑ Specific Rate ® Cost plus Fixed Fee: Fixed Total Compensation= DL+DC+OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF=(0.33+R) DL+%SubDL,where R is the advertised Complexity Factor and%SubDL is 10%profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15%of the DL+OH. 5. The recipient shall not discriminate on the basis of race,color, national original or sex in the award and performance of any US DOT assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.). 6. To certify by execution of the AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 ILCS 510,the Brooks Act 40 USC 11,and Procurement, Management,and Administration of Engineering and Design related Services(23 CRF part 172). Exhibit C is required to be completed with this agreement. Ill. IT IS MUTUALLY AGREED, 1. No work shall be commenced by the ENGINEER prior to issuance by the IDOT of a written Notice to Proceed. 2. To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to verify the amount,recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT:the Federal Highways Administration(FHWA)or any authorized representative of the federal government, 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 DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books,records and supporting documentation are not available to support their purported disbursement. 3. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or Printed 02/19/21 Page 3 of 11 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the DEPARMTENT, and their officers,agents, and employees from all suits,claims,actions or damage liabilities, costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 4. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits,agreements, soils and foundation analysis, provisions,specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA.The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. 5. In the event that the DEPARMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty(30)calendar days,consecutive or in aggregate, over the term of this AGREEMENT,the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred as a result of the suspension and resumption of its services,and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 6. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein.All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT, and their officers,employees from all suits,claims,actions or damages liabilities,costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. 8. The ENGINEER and LPA certify that their respective firm or agency: (a)has not employed or retained for commission, percentage,brokerage,contingent fee or other considerations,any firm or person(other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure this AGREEMENT, (b)has not agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c)has not paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for the LPA or the ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. (d)that neither the ENGINEER nor the LPA is/are not presently debarred,suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e)has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public(Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements or receiving stolen property, (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph a and (g)has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal, State or local)terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this certification,an explanation shall be attached to this AGREEMENT. 9. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date.Examples of unforeseen causes include but are not limited to:acts of God or a public enemy;act of the LPA, DEPARTMENT,or other approving party not resulting from the ENGINEER's unacceptable services;fire; strikes;and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly. 10. This certification is required by the Drug Free Workplace Act(30 ILCS 580).The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace.False certification or violation of the certification may result in sanctions including, but not limited to suspension of contract on grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one(1)year but not more than (5)years. Printed 02/19/21 Page 4 of 11 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 For the purpose of this certification,"grantee"or"Contractor"means a corporation, partnership or an entity with twenty-five(25) or more employees at the time of issuing the grant or a department,division or other unit thereof,directly responsible for the specific performance under contract or grant of$5,000 or more from the DEPARTMENT,as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a)Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (a)abide by the terms of the statement;and (b) notify the employer of any criminal drug statue conviction for a violation occurring int he workplace no later than(5) days after such conviction. (b)Establishing a drug free awareness program to inform employees about: (1)The dangers of drug abuse in the workplace, (2)The grantee's or contractor's policy of maintain a drug free workplace; (3)Any available drug counseling, rehabilitation and employee assistance program;and (4)The penalties that may be imposed upon an employee for drug violations. (c)Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d)Notifying the contracting, or granting agency within ten (10)days after receiving notice under part(b)of paragraph (3)of subsection(a)above from an employee or otherwise, receiving actual notice of such conviction. (e)Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f)Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future project.The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 11. Due to the physical location of the project,certain work classifications may be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). 12. For Preliminary Engineering Contracts: (a)That tracing, plans, specifications,estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches,charts, CADD files, related electronic files, and other data prepared or obtained in accordance with this AGREEMENT shall be made available,upon request to the LPA or to the DEPARTMENT,without restriction or limitation as to their use.Any re-use of these documents without the ENGINEER involvement shall be at the LPA's sole risk and will not impose liability upon the ENGINEER. (b)That all reports, plans,estimates and special provisions furnished by the ENGINEER shall conform to the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Manual or any other applicable requirements of the DEPARTMENT, it being understood that all such furnished documents shall be approved by the LPA and the DEPARTMENT before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. AGREEMENT SUMMARY Prime Consultant I TIN/FEIN/SS Number Agreement Amount Baxter& Woodman, Inc. 36-2845242 $284,035.00 Subconsultants TIN/FEIN/SS Number Agreement Amount - Soil and Materials Consultants 39-3094075 $6,516.00 Subconsultant Total $6,516.00 Prime Consultant Total $284,035.00 Total for all work $290,551,00 Add Subconsultants Printed 02/19/21 Page 5 of 11 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 AGREEMENT SIGNATURES Executed by the LPA: Local Public Agency Type Name of Local Public Agency Attest: The City I of Elgin By Date By Date 0/13/2021 0/13/2021 -14 Name of Local Publicygency Local Public Agency Type Title Elgin City Clerk Mayor (SEAL) Executed by the ENGINEER: Consultant Firm Name Attest: Baxter&Woodman, Inc. By Date By Date /304�( Title Title Deputy Secretary Executive Vice President/COO Printed 02/19/21 Page 6 of 11 BLR 05530(02102/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610, BLR 05611 Local Public Agency County Section Number City of Elgin Kane 09-00176-00-BT FOR FEDERAL PARTICIPATION PROJECTS EXHIBIT A SCOPE OF SERVICES To perform or be responsible for the performance of the engineering services for the LPA,in connection with the PROJECT herein before described and enumerated below see attached Printed 02/19/21 Page 7 of 11 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 Local Public Agency Count Section Number City of Elgin Kane 09-00176-00-BT EXHIBIT B PROJECT SCHEDULE Notice to Proceed November 1, 2021 Pre-final PS&E October, 2022 Final PS&E and Draft Agreements November, 2022 Final ROW Documents to Land Acquisition January 2023 Letting March, 2023 Printed 02/19/21 Page 8 of 11 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 Local Public Agency Coun Section Number City of Elgin Kane 09-00176-00-BT Exhibit C Direct Costs Check Sheet List ALL direct costs required for this project.Those not listed on the form will not be eligible for reimbursement by the LPA on this project. Item Allowable Quantity Contract Rate Total Lodging Actual cost ❑ (per GOVERNOR'S TRAVEL CONTROL BOARD) (Up to state rate maximum) Lodging Taxes and Fees Actual Cost ❑(per GOVERNOR'S TRAVEL CONTROL BOARD) ❑Air Fare Coach rate,actual cost,requires minimum two weeks' notice,with prior IDOT approval Vehicle Mileage Up to state rate maximum 696 $0.56 $389.76 ® (per GOVERNOR'S TRAVEL CONTROL BOARD) ®Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 21 $65.00 $1,365.00 ❑Vehicle Rental Actual cost(Up to$55/day) ❑Tolls Actual cost ❑Parking Actual cost ❑Overtime Premium portion(Submit supporting documentation) ❑Shift Differential Actual cost(Based on firm's policy) ®Overnight Delivery/Postage/Courier Service Actual cost(Submit supporting documentation) 5 $50.00 $250.00 ❑Copies of Deliverables/Mylars(In-house) Actual cost(Submit supporting documentation) ❑Copies of Deliverables/Mylars(Outside) Actual cost(Submit supporting documentation) ❑Project Specific Insurance Actual Cost ❑Monuments(Permanent) Actual Cost ❑Photo Processing Actual Cost ❑2-Way Radio(Survey or Phase III Only) Actual Cost ❑Telephone Usage(Traffic System Monitoring Only) Actual Cost ❑CADD Actual cost(Max$15/hour) ❑Web Site Actual cost(Submit supporting documentation) ❑Advertisements Actual cost(Submit supporting documentation) ❑Public Meeting Facility Rental Actual cost(Submit supporting documentation) ❑Public Meeting Exhibits/Renderings&Equipment Actual cost(Submit supporting documentation) ❑Recording Fees Actual Cost ❑Transcriptions(specific to project) Actual Cost ❑Courthouse Fees Actual Cost ❑Storm Sewer Cleaning and Televising Actual cost(Requires 2-3 quotes with IDOT approval) ❑Traffic Control and Protection Actual cost(Requires 2-3 quotes with IDOT approval) ❑Aerial Photography and Mapping Actual cost(Requires 2-3 quotes with IDOT approval) ❑Utility Exploratory Trenching Actual cost(Requires 2-3 quotes with IDOT approval) ❑Testing of Soil Samples Actual Cost ® Lab Services Actual Cost(Provide breakdown of each cost) 1 $7,400.00 $7,400.00 ❑ Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) ❑Title Committments Actual Cost ol El El El Total Direct Costs $9,404.76 Printed 02/19/21 Page 9 of 11 BLR 05530(02/02121) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 Local Public Agency Count Section Number City of Elgin Kane 09-00176-00-BT Exhibit D Qualification Based Selection(QBS)Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold,QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal funds being used,federal small purchase guidelines must be followed. ❑ Form Not Applicable (engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable.Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration (procurement, management ❑ 19 and administration)concerning engineering and design related consultant services? 2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and ❑ specifically Section 5-5.06(e)of the BLRS Manual? 3 lWas the scope of services for this project clearly defined? ❑ 4 lWas public notice given for this project? ❑ If yes Due date of submittal 10/21/20 Methods used for advertisement and dates of advertisement Advertised beginning 9/30/20 in Daily Herald Advertised on City Website from 9/30/20 to 10/21/20 5 Do the written QBS policies and procedures cover conflicts of interest? ❑ 6 Do the written QBS policies and procedures use covered methods of verification for suspension and ❑ debarment? 7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑ Project Criteria Weighting - Firm Experience 15% - Technical Approach 15% - Past Performance on Similar Projects 20% - Specialized Experience 20% -IStaff Capabilities 20% -I Local Presence and Key Employees 10% Add 8 Do the written QBS policies and procedures discuss the method of selection? E7:101 Selection committee titles for this project City Engineer and staff Top three consultants ranked for this project in order 1 Baxter & Woodman 2 Christopher B. Burke &Associates 3 V3 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ 10 Were negotiations for this project performed in accordance with federal requirements. ❑ 11 Were acceptable costs for this project verified? ❑ Do the written QBS policies and procedures cover review and approving for payment,before forwarding ❑ 12 the request for reimbursement to IDOT for further review and approval? Do the written QBS policies and procedures cover ongoing and finalizing administration of the project 13 (monitoring, evaluation, closing-out a contract, records retention, responsibility, remedies to violations or ❑ 19 breaches to a contract, and resolution of disputes)? 14 QBS according to State requirements used? ❑ Printed 02/19/21 Page 10 of 11 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 Local Public Agency County Section Number City of Elgin Kane 09-00176-00-BT 15 lExisting relationship used in lieu of QBS process? ® WO 16 1 LPA is a home rule community(Exempt from QBS). ❑ Printed 02/19/21 Page 11 of 11 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 Instructions for BLR 05530 - Page 1 of 3 Form instructions are not to be submitted with the form This form shall be used for a Local Public Agency(LPA)to enter into an agreement with an Engineering firm in connection with a project funded with Federal, State,and/or Motor Fuel Tax(MFT)funds. Based on the selection of type of engineering agreement and funding type,the form will change.For more information refer to the Bureau of Local Roads and Streets Manual(BLRS)Chapter 5. For signature requirements refer to Chapter 2, Section 3.05(b)of the BLRS manual. This form can also be used for structure inspections. When filing out this form electronically, once a field is initially completed,fields requiring the same information will be auto-populated. Using Federal Funds? The user must select yes or no.Based on the selection, a drop-down menu will appear.The language of the form changes based on the selection. Selecting yes indicates federal funds will be used to fund all or a portion of the engineering for this phase of this project. Selecting no indicates no federal funds will be used to fund any engineering for this phase of the project. Agreement For If yes was selected for using Federal Funds,select Federal PE or Federal CE from the drop-down. If no was selected for using Federal Funds,select MFT PE, MFT CE,or MFT PE-CE. Agreement Type From the drop down, select the type of agreement,types to choose from are:Original or Supplemental Number If the agreement is for a supplemental, insert the number of the supplemental using number 1 for the first supplemental,and increase the numbering as the supplementals increase. Local Public Agency Name of Local Public Agency Insert the name of the LPA. County Insert the name of the county in which the LPA is located. Section Number Insert the section number applied to this project without dashes,dashes are automatically inserted. Job Number Insert the job number assigned for the project, if applicable. Project Number Insert the project number assigned for this project, if applicable. Contact Name Insert the name of the LPA contact for this project. Phone Number Insert the phone for the LPA contact listed to the left without dashes. Email Insert the email for the LPA contact listed to the left. Section Provisions Location Use the add location button to add additional locations, if needed,for up to a total of five locations. If there are more than five locations, use various. Local Street/Road Name Insert the local street/road name. Key Route Insert the key route of the street/road listed to the left, if applicable. Length Insert the length in miles as it pertains to the location listed to the left.For a structure insert 0.01. Existing Structure Number(s) Insert the existing structure number(s)for this project. Location Termini Insert the beginning and ending termini as it pertains to this location for this project. Add Location Use this button to add additional locations Project Description Insert a description of the work to be accomplished by this project. Engineering Funding Check all boxes that apply,if type other is checked, insert the type of other funding in the box following'other."The form will change based on the box(es)checked. Anticipated Construction Funding Check all boxes that apply, if type other is checked, insert the type of other funding in the box following'other." Printed 02/19/21 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 Instructions for BLR 05530 - Page 2 of 3 Agreement For Select the check box for the type of engineering the agreement is for.Phase I for Preliminary Engineering, Phase II for Design Engineering, Phase III for Construction Engineering.When Federal Funds are used, Phase I and Phase II can be selected when the agreement is for Federal PE.When Federal CE is selected,only Phase III can be selected. For MFT,the Phases can be selected based on the original selection at the top of the form for the agreement type. Consultant Firm Name Insert the name of the consultant firm. Address Insert the address of the firm listed to the left. Contact Name Insert the name of the contact for the firm listed to the left. Phone Number Insert the phone number for the contact listed to the left,without dashes. Email Insert the email of the contact listed to the left. Agreement Exhibits Check all that apply,for boxes checked that do not have a description, insert the name of the exhibit. LPA Agrees Method of Compensation Select the method of compensation for this agreement by checking the applicable box. If Percent is checked(this is only available when agreement is for MFT funds.), insert in the box the applicable percentage. If Lump Sum is checked,complete the box after lump sum showing the lump sum compensation amount. For agreements funded with federal funds the lump sum shall be determined by using the Cost Plus Fixed Fee formula. If Specific Rate is checked,insert the specific rate in the box.The specific rate cannot exceed $150,000. For a federal project this is limited to testing services only. If Cost Plus Fixed Fee is checked,select the type of raise the agreement will use: Anniversary or Fixed. If this method is selected, BLR 05513 or BLR 05514 must be included in the exhibits. Agreement Summary Prime Insert the name of the Prime Consultant TIN/FEIN/SS Insert the Prime Consultant's Taxpayer Identification Number(TIN), Federal Employer Identification Number(FEIN)or Social Security Number(SS). Agreement Amount Insert the maximum agreement amount. Subconsultant As applicable,for each sub consultant listed,insert the name of the subconsultant TIN/FEIN/SS Insert the Subconsultant's Taxpayer Identification Number(TIN), Federal Employer Identification Number(FEIN)or Social Security Number(SS). Agreement Amount Insert the maximum agreement amount for the subconsultant listed to the left. Add Subconsultant If additional lines are needed for additional subconsultants, insert lines as needed and complete the required information. Subconsultant Total This field is automatically completed, it is the sum of all the agreement amounts for all subconsultants listed. Prime Total This field is automatically completed, it is the amount of the prime consultant fee as listed above. Total for All This field is automatically completed, it is the sum of the subconsultant and the prime total. Printed 02/19/21 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 Instructions for BLR 05530 -Page 3 of 3 Agreement Signatures Executed by LPA Local Public Agency Type From the drop down,select the type of LPA.Types to choose from are: City,County,Town, or Village. Name of Local Public Agency Insert the name of the LPA. By The LPA clerk will sign here. By The LPA official authorized to sign this agreement will sign and date here. Name of Local Public Agency Insert the name of the Local Public Agency. Local Public Agency Type Insert the type of LPA. Seal of LPA The LPA will seal the document here. Title Insert the title of the LPA official who signed above. Executed by the Engineer Engineering Firm Name Insert the name of the engineering firm the agreement is with. By The person(s)authorized to sign this agreement from the engineering firm will sign and date here. Title Insert the title of the person signing above. For Agreement using MFT or State Funds only: Regional Engineer Upon approval the Regional Engineer will sign and date here. Exhibit A Insert the scope of services covered by this agreement for this project. Exhibit B Insert the project schedule that applies to this agreement. Exhibit C Insert Exhibit C, Direct Costs and complete the exhibit.Only items checked and completed will be allowed as a direct cost. Exhibit D Qualification Based Selection Checklist(QBS)process must be followed when the value of engineering will meet and/or exceed the threshold in 50 ILCS 510. If process does not apply, check the form not applicable box. If process applies and using federal funds,complete items 1 through 13. If applies and using state funds,complete items 14 through 16. Exhibit E Cost Plus Fixed Fee Estimate of Consultant Services Worksheet(BLR 05513 or BLR 05514). If the method of compensation was checked as Cost Plus Fixed Fee(Anniversary or Fixed Raise)in the agreement,then select this box and attach the correct BLR form: BLR 05514 for fixed raise, or BLR 05513 for Anniversary Raises. Exhibit Use the remaining boxes and lines to add additional exhibits as needed. A minimum of four(4)signed originals must be submitted to the Regional Engineer's District office. Following approval,distribution will be as follows: Central Office(only for Projects using State and/or Federal Funds) District Engineer(Municipal,Consultant or County) Local Public Agency Clerk Printed 02/19/21 BLR 05530(02/02/21) Formerly BLR 05510,BLR 0511,BLR 0512,BLR 05610,BLR 05611 EXHIBIT A-SCOPE OF SERVICES BIKE ROUTE 4 PHASE II ENGINEERING SERVICES CITY OF ELGIN SECTION 09-00176-00-BT LOCATION: The Project limits are from the intersection of Bowes Creek Boulevard/Bowes Road (west termini)to the southwest corner of the IL Route 31/US Route 20 intersection (east termini). PROJECT UNDERSTANDING: This project involves Phase II Engineering for new on-road bike lanes, new off road bike paths, pavement repairs of existing HMA bike paths,signage,and pavement markings for improvements described below. At the west termini, the bike path will connect to an existing bike path at the southwest corner of Bowes Road and Bowes Creek Road. The path will continue east via proposed 6-foot wide on-street bike lanes along the north and south sides of Bowes Road to Del Webb Boulevard.At Del Webb Boulevard,the bike lanes end and the route continues on an existing 10-foot wide off-street path located on the south side of Bowes Road, which continues to Randall Road. At Randall Road, the route proceeds north on the east side of Randall Road on a proposed 10-foot wide off-street path to College Green Drive. The path continues east on College Green Drive to Duffy Drive on a proposed 10-foot wide path on the north side of the street and then north along an existing 10-foot wide bike path on Duffy Drive to an existing 10-foot wide bike path on Spartan Drive. The path continues east on Spartan Drive to McLean Boulevard, then continues east along Sports Way Drive. The existing bike path terminates at the entrance to the Sports Complex entrance.The route continues on proposed shared lanes along the north and south sides of the road through the Sports Complex,and then to a proposed off-street path along the former(now vacated) East Road through the former Elgin Mental Health Center property to the southwest corner of IL Route 31 and US Route 20 intersection where it will terminate along the existing IL Route 31 sidewalk outside of the IDOT right-of-way.The total length is approximately 5.8 miles and is summarized below: Bowes Road (new on road path) Bowes Creek Road to Del Webb Blvd 7,920 FT Bowes Road (exist.off road path) Del Webb Blvd to Randall Road 3,695 FT Randall Road (new off road path) Bowes Road to College Green Drive 2,950 FT College Green Dr(new off road path) Randall Road to Duffy Drive 175 FT Duffy Drive (exist off road path) College Green Drive to Spartan Drive 615 FT Spartan Drive/Sports Way Drive (exist off Duffy Lane to Sports Complex Entrance 12,620 FT road path) Sports Way Drive(on road shared lanes) Through Sports Complex to East Road 1,280 FT East Road (new off road path) Sports Complex Entrance to IL 31 1,340 FT TOTAL 30,595 FT Page 1 of 8 EXHIBIT A Future conditions at the eastern termini allow for a proposed extension that will carry the bike path through the IL Route 31/US Route 20 intersection as part of a planned intersection improvement project to connect to Marie Grolich Park. The project will utilize federal funding for engineering and construction and be processed through the IDOT District 1 Bureau of Local Roads and Streets. EXISTING CONDITIONS: Bowes Road is a principal arterial maintained by Kane County. It has one 12-foot through lane in each direction with a paved shoulder and ditch drainage.The posted speed limit is 50 mph. Most intersections along Bowes Road have the side street stop controlled with the exception of Long Common Parkway, which has a County maintained traffic signal, and Randall Road, which also has a County maintained traffic signal. There is an existing 10-foot wide off-street bike path along the south side of Bowes Road from Del Webb Boulevard to Randall Road. There are two existing culvert structures along Bowes Road and one 36" pipe culvert, described below in order west to east along the project: ➢ Three-sided precast arch structure located approximately 1,000 feet east of Arrowmaker Pass over Fitchie Creek. Because the traffic barriers cannot be attached to the structure, moment slabs or other surface supported structures will be considered to support the crash barriers and railings. ➢ 36" pipe culvert located 500 feet west of Long Common Parkway that passes through an approximately 8-foot high segmental block retaining wall. Because the traffic barriers cannot be attached to the structure, moment slabs or other surface supported structures will be considered to support the crash barriers and railings. ➢ Two-cell concrete box culvert 320 feet west of Del Webb Boulevard, over Otter Creek. Traffic barriers will likely be attached to the existing structure across Otter Creek. All three culverts are protected by guardrail, which will be relocated in advance of the structures, and replaced with crash-worthy traffic barriers and bike railings across the culverts. No modifications to structure opening or length are anticipated at any of the three culvert locations. Randall Road is a principal arterial maintained by Kane County. It has three 12-foot through lanes in each direction with a 26-foot wide median, 4-foot paved shoulders, ditch drainage, and a 5-foot sidewalk outside of the ROW on the east side, in a permanent easement. There are traffic signals at the intersections of Randall Road and Bowes Road and at Randall Road and College Green Drive.The posted speed limit along Randall Road is 45 mph. College Green Drive, Duffy Drive, and Spartan Drive are local roads maintained by the City of Elgin. College Green Drive, between Randall Road and Duffy Drive has one lane in each direction with turn lanes at the Randall Road Intersection. Duffy Drive is also similarly designed with a 10-foot asphalt paved bike path on the west side of the street, and a concrete sidewalk on the east side. Spartan Drive has one 16- foot through lane in each direction with 1 foot of gutter, no parking, and a 10-foot wide off-street bike path along the north side of the street. The bike path is hot-mix asphalt with concrete bike path approaches at the intersections. Intersections along Spartan Drive are stop controlled on the side streets and Elgin Community College entrances/exits.There is a traffic signal at McLean Boulevard that leads to a continuation of the bike path along Sports Way Drive. Spartan Drive becomes Sports Way Drive east of McLean Boulevard.The posted speed limit along Spartan Drive is 30 mph. Page 2 of 8 EXHIBIT A Sports Way Drive is a local road maintained by the City of Elgin. Sports Way Drive is primarily the entrance to the Highlands of Elgin Golf Course and the Elgin Sports Complex. For most of the length, Sports Way Drive has one 10.5-foot lane in each direction and a 10-foot wide HMA off-street bike path along the north side of the street. The roadway width changes east of Elgin Park District Road (driveway to the Sports Complex) to 20 feet. The off-street bike path terminates at the Sports Complex entrance. Sports Way Drive ends at Elgin Mental Hospital Drive. Immediately east of this intersection, the road is gated to the former East Road.The posted speed limit along Sports Way Drive is 15 mph. East Road is a former local roadway owned by the City and is currently not usable due to construction activity at the former Elgin Mental Health Center. This roadway was formerly a 14-foot wide hot-mix asphalt pavement and provided access to the former Elgin Mental Health Center.The roadway pavement has been removed. IL Route 31 (State Street) is a State of Illinois arterial with two lanes in each direction crossing over US Route 20. A diamond interchange provides access to and from US Route 20. IL Route 31 (State Street) is signalized at the ramps. No ROW acquisition is anticipated for this project. The PDR indicates required ROW is required along Randall Road and East Road, however based on information available, it is assumed the bike path along Randall Road will be located in Kane County's existing easement, and the bike path along the abandoned East Road will be located within City owned ROW. The PDR indicates no ROW is required along the remainder of the project. SCOPE OF SERVICES: 1. EARLY COORDINATION AND DATA COLLECTION • Data Collection: Obtain, review and evaluate the following information provided by the CITY for use in design: o Preliminary Design CADD files o Phase I Documentation and Project Development Report o Utility Atlases o Existing Roadway and Structure Plans with Inspection Reports o GIS Shape files surrounding the project limits o Aerial Photography o Environmental Studies o Maintenance and flooding records o Drainage Studies o Hydraulic and Hydrologic information and calculations o Geotechnical Data o Crash Data (5 years) o ROW,GIS and property data • Funding Coordination: Maintain the Project Program Information (PPI)and Project Update forms, and prepare the Local Agency Agreements. Coordinate the status of the Project with the Kane County Council of Mayors. Prepare necessary information for the City to request additional CMAQ funding for Phase II engineering and/or ROW acquisition. Page 3 of 8 EXHIBIT A • Field evaluation: Perform a field evaluation of the condition of existing bike path pavements, drainage structures, signage, pavement markings, sidewalk ramps, and curb and gutter. Estimate quantities of repair.Observe and photograph the project area and immediate surroundings. • Utility Coordination: Submit preliminary and final plans to utility companies so conflicts and relocation efforts can be identified. Provide ongoing reviews of permitting and utility relocation efforts as requested by the City. 2. SUPPLEMENTAL TOPOGRAPHIC SURVEY • Topographic Survey: Perform additional topographic survey within the project limits in areas not previously obtained or that have changed since the Phase I report development. These will include: o Bowes Road between Bowes Creek Boulevard and Del Webb Boulevard (7,920'), o East side of Randall Road between Bowes Road and College Green Drive(2,950'), o North side of College Green Drive between Randall Road and Duffy Drive (175'),and o Sports Way from the Sports Complex to East Road (1,280'); and o East Road to IL Route 31 (1,340'). Total survey length 13,665. Survey will be obtained at 50-foot intervals including driveways and cross streets and will extend 10' beyond the existing ROW or permanent easement. State plane coordinates and NAVD 88 will be used for horizontal and vertical controls. • Tree Survey:Conduct a survey of trees exceeding 4" diameter along Randall Road within the area of impact that includes size,species, and condition.The tree survey will extend 20 feet outside of the proposed right-of-way where practical. Provide a summary of findings and anticipated replacement values. • Terrain Model: Download and develop digital terrain model for use in design and plan preparation. Merge topo survey with previously collected survey from phase I design. • Right of Way: Field-locate existing property corners and utilize available tax parcel information to establish an approximate right-of-way 3. PROJECT DEVELOPMENT REPORT ADDENDUM • Alternative Geometric Development: Analyze and develop an alternative bike path alignment on Randall Road. Review critical cross sections, right-of-way, impacts, tree impacts, and design constraints. • ROW Analysis: Confirm the realigned bike path along Randall Road fits within existing right-of- way and easements. Coordinate ROW and easement use with Kane County. • Phase 1 Addendum: Prepare a Local Project Development Report Addendum to the approved Phase I report and submit the report to IDOT-BLRS for review and approval. Page 4 of 8 EXHIBIT A 4. ENVIRONMENTAL COORDINATION AND PERMITTING • Environmental Survey Request Form (ESRF) Addendum and Follow-Up Consultation: Update expired environmental clearances and survey limits from the Phase I report, based on revised bike path alignment and ROW needs along Randall Road. • Erosion Control Plan Signoff:Approval of the Soil Erosion and Sediment Control (SESC) Plan from the Kane-DuPage Soil and Water Conservation District (KDSWCD) is anticipated to be required. Submit to KDSWCD to secure signoff. Agency review fees are not included within this agreement and shall be paid for separately by the CITY. • County Stormwater Ordinance: Assemble documentation and ensure conformance with Kane County Stormwater Management Permit requirements established by the Kane County Division of Water Resources (KCDWR). Baxter& Woodman, Inc. will review and approve on behalf of City as a certified community. • Stormwater Detention: New impervious area exceeds the County's 1 Acre threshold. Identify and recommend a preferred stormwater detention strategy. Provide preliminary design of detention facilities that includes anticipated layout,outfalls,volume,and elevations. • Preliminary Environmental Site Assessment(PESA) update: Conduct a site visit to collect land use information for property surrounding the project location, and determine if recognized environmental conditions are present or observed in the vicinity of the project. Review historical land use surrounding the project site and environmental data and environmental occurrences within minimum search distances contained in published databases and identify any changes from the original report. Update the existing Preliminary Environmental Site Assessment (PESA) report from the Phase I design in accordance with the Illinois Department of Transportation (IDOT), Chapter 20, 20-12.04 of the Bureau of Local Roads Manual (BLRM). Submit to IDOT for review and approval. • Preliminary Site Investigation (PSI): Collect up to 22 soil borings to a maximum depth of 2 feet along the project, and submit to a laboratory for analysis for BTEX, PNA, RCRA Metals, SPLP Metals analysis and soils pH. Prepare a letter report summarizing the activities and results of the investigation. The report will include pertinent laboratory testing results. It will also provide a summary of conclusions from the information collected and identify which IDOT pay items should be included in the construction documents for disposing of Regulated Substances. Identify any areas from which excavated material may be classified as Clean Construction or Demolition Debris (CCDD)and if applicable prepare an IEPA LPC-663 form. 5. PLAN PREPARATION(IN ACCORDANCE WITH IDOT PLAN PREPARATION GUIDELINES) • Title Sheet:The Title Sheet will be the IDOT Standard signed and sealed by the CONSULTANT(S). • Alignment and Ties: The alignment and ties sheet will be provided showing all horizontal curve data for the proposed alignments and descriptions of survey benchmarks and control points. Page 5 of 8 EXHIBIT A • General Notes/Index of Sheets/Approved Required Notes/List of State Standards/Commitments: The sheet index and list of applicable highway standards and District Details will be included on the General Notes sheet. • Summary of Quantities, Schedule of Quantities and Quantity Calculations: The Summary of Quantities will include the Pay Item Number, the IDOT Code Number, Quantity, Unit and Item name as it appears on the IDOT Coded Pay Item List. Specialty Items will be noted. Schedules will be provided for all pay items except contingency and lump sum pay items. • Typical Sections: Prepare typical sections for the existing and proposed improvements, showing dimensions for roadway surfaces, bases, subbases, subgrade treatments, gutters, curb and gutters, medians, sidewalks, bike paths, ditches, backslopes,and right of way. • Removal Sheets:Prepare double panel removal sheets at 1"=50'scale. • Drainage and Ditch Design: Prepare the ditch, inlet, culvert, and storm sewer design for the proposed improvements. It is assumed that the project outfalls will be maintained and not modified as part of this project. • Maintenance of Traffic and Construction Staging: Develop a preferred maintenance of traffic and staging plan and submit to the City and Kane County for comment and approval. Identify the preferred strategy for maintaining traffic and driveway access. Complete a design of the preferred staging plan. Prepare construction staging notes, typical sections, and layout to maintain local traffic flow through the construction zone. Layout sheets will be provided with two window views per sheet at 1:50 scale. Confer with KCDOT staff, emergency services, and public transportation agencies to consider local impacts and concerns. • Structural Plans: Determine the preferred method of supporting the bike lanes and traffic barriers across the 3 culverts. Design moment slabs or other surface supported structures to support the bike lanes and traffic barriers across Fitchie Creek and the retaining wall west of Long Common Drive. Design details to connect traffic barriers to the existing structure over Otter Creek. Include structural engineering plans, details, and special provisions. Submit final structure plans to IDOT District One Bureau of Local Roads and Streets for approval. • Guardrail Warrant Design: Design the guardrails at the 3 culvert locations to be relocated to accommodate road widening. New locations will be based on environmental conditions, calculated clear zone, horizontal geometry, cross section slopes, design ADT volumes, and design speed limit. Determine location, length of need, length and type of barrier, and traffic barrier terminal types for a roadside barrier and include on the plan and profile drawings. • Plan and Profile:Prepare plan 1:50 scale and profile 1:2 scale sheets(11 sheets) in all locations of roadway widening and new bike path. Prepare double view plan view only 1:50 scale in areas of existing bike paths (7 sheets). Identify design constraints including clear zone, safety protection requirements, obstructions, drainage limitations, and potential design exceptions. Plan and profile sheets will include improvement limits, stations and offset callouts, define paving limits, right of way breaks, utility adjustments, guardrail locations, pavement markings, signage, and tree replacements. The sheets will also include ditch, inlet, culvert and storm sewer design for Page 6 of 8 EXHIBIT A the proposed improvements and existing utilities. Separate removal sheets will be prepared in sections of roadway widening and new bike path for this project. • Erosion Control Plans: Prepare a soil erosion and sediment control plans per stage for areas where new bike path is proposed (2 sheets), with two window views per sheet at 1:100 scale. Prepare a Notice of Intent(NOI)and Storm Water Pollution Prevention Plan (SWPPP). • Detention Plan: Provide grading plan for proposed detention, assumed to be located in the existing roadside ditches. • Cross Section Design:Design roadway cross sections in areas of new bike path and road widening, at 50-foot intervals and all cross streets, driveways and cross-road culverts to provide sufficient detail to determine ROW, including varying slopes to limit ROW impacts. Compute earthwork calculations. • ADA Curb Ramp Details: Provide ADA curb ramp details at 1:5 scale where either new ramps will be constructed in County ROW or IDOT ROW, existing ramps will be impacted or where existing locations are not current standard.ADA curb ramp details will not be provided at City ramps. • Design Details:Include IDOT and County design details. • Special Provisions: Prepare special provisions in accordance with City and IDOT guidelines for items not covered by the Standard Specifications for Road and Bridge Construction. • Estimate of Cost and Time: Prepare summary of quantities, estimate of time, schedules of materials, and an engineer's estimate of cost. 6. MEETINGS • Meetings:The following meetings(12)are anticipated for this project: o City(5 total) (Kickoff, Review(3), Final) o IDOT BLR(2 total) (Kickoff, Review) o County(2)(Kickoff and Review) o Utility Coordination Meetings (2) o Plan in hand field review(1) 7. GEOTECHNICAL REPORT-Pavement Cores and Soil Borings: Utilize Soil and Material Consultants, Inc.to take 8 pavement cores of the surface and base material and 10 five-feet deep soil borings to determine the composition of the existing pavement and subgrade material and calculate undercut quantities within the project limits. Provide analysis and recommendations, including subgrade,in a soils report in accordance with IDOT guidelines. 8. QA/QC - Perform in-house peer and milestone reviews by senior staff during project initiation, conceptual review, preliminary, pre final, and final submittals. Conduct milestone reviews of subconsultants and provide feedback throughout the progress of work. Page 7 of 8 EXHIBIT A 9. MANAGE PROJECT- Plan, schedule, and control the activities that must be performed to complete the project including budget,schedule, and scope. Coordinate with City and project team to ensure the goals of the project are achieved. Prepare and submit monthly invoices, coordinate invoices from sub-consultants,and provide regular updates to the City. 10. AssIST BIDDING - The project will included on the State Letting. Provide design assistance and clarification for bid documents. Assist the City with coordination and scheduling during the bid process. The following items are not included in the scope of services but can be added as additional services: • ROW acquisition services including Title Commitments, Appraisals, Review Appraisals, Negotiations, Plats of Highways • Permit Fees • Wetland Delineation and coordination • Purchase of Wetland Credits • Culvert or Stream Modifications • Hydraulic Modeling • Traffic Signal Modifications • Street Lighting Improvements • Project website/Social Media • Public Meeting or Public Hearing Page 8 of 8 EXHIBITA EXHIBIT E Illinois Department COST ESTIMATE OF CONSULTANT SERVICES WORKSHEET . Transportation FIXED RAISE Local Public Agency County Section Number lCity of Elgin I Kane 1 109-00176-00-BT Consultant (Firm) Name Prepared By Date Baxter&Woodman, Inc. I liason J. Fluhr 1 12/5/2021 PAYROLL ESCALATION TABLE CONTRACT TERM 16 MONTHS OVERHEAD RATE 143.55% START DATE 11/1/2021 COMPLEXITY FACTOR 0 RAISE DATE 1/1/2022 % OF RAISE 2.00% END DATE 2/28/2023 ESCALATION PER YEAR % of Year First Date Last Date Months Contract 0 11/1/2021 1/1/2022 2 12.50% 1 1/2/2022 1/1/2023 12 76.50% 2 1/2/2023 3/1/2023 2 13.01% The total escalation = 2.0 % 0 BLR 05514 (Rev. 02/01/21) Payroll Escalation Printed 2/19/2021 9:54 AM Page 1 of 6 Local Public Agency County Section Number lCity of Elgin lKane 09-00176-00-BT MAXIMUM PAYROLL RATE 78.00 ESCALATION FACTOR 2.00% PAYROLL RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Executive Vice President $78.00 $78.00 Vice President $70.13 $71.54 Engineer V $64.12 $65.41 Engineer IV $53.18 $54.25 Engineer III $43.90 $44.78 Engineer II $35.49 $36.20 Engineer 1 $30.60 $31.21 Environmental Scientist V $55.19 $56.30 Environmental Scientist IV $44.00 $44.88 En ineer Tech V $50.41 $51.42 Engineer Tech IV $42.64 $43.49 Engineer Tech III $36.01 $36.73 Engineer Tech II $28.43 $29.00 Spatial Tech. Manager $55.79 $56.91 Spatial Tech. Prof. III $37.90 $38.66 Spatial Tech. Prof. II $31.00 $31.62 Spatial Tech. Prof. 1 $24.82 $25.32 Survey Manager $39.93 $40.73 Project Surveyor $35.27 $35.98 CADD Technician III $44.14 $45.03 CADD Technician 11 $37.75 $38.51 Administrative Support IV $32.60 $33.25 Administrative Support III $28.54 $29.11 Administrative Support 1 $19.88 $20.28 BLR 05514 (Rev. 02/01/21) Payroll Rates Printed 2/19/2021 9:54 AM Page 2 of 6 Local Public Agency Count Section Number ICity of Elgin I Kane 09-00176-00-BT SUBCONSULTANTS Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise Contribution to Prime NAME Direct Labor Total Consultant Soil& Material Consultants 6,516.00 651.60 Total 6,516.00 651.60 BLR 05514(Rev.02/01/21) Subconsultants Printed 2/19/2021 9:54 AM Page 3 of 6 Local Public Agency County Section Number JCity of Elgin Kane 09-00176-00-BT COST ESTIMATE WORKSHEET Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise OVERHEAD RATEI 143,55% COMPLEXITY FACTOR TASK STAFF HOURS PAYROLL OVERHEAD&FRINGE DIRECT COSTS FIXED FEE SERVICES BY TOTAL %OF GRAND BENEFITS OTHERS TOTAL Early Coordination and Data Collection 112 5,271 7,566 70 1,739 14,646 5.04% Supplemntal Topographic Survey 271 10,159 14,584 1,365 3,353 29,461 10.14% Project Development Report Addendum 128 5,671 8,141 70 1,871 15,753 5.42% Environmental Coord and Permits 143 6,591 9,462 7,400 2,175 25,628 8.82% Plan Preparation 1437 60,230 86,460 250 19,876 166,816 57.41% Meetings 80 4,511 6,475 250 1,488 12,724 4.38% Geotechnical Report 8 441 633 145 1,219 0.42% QA/QC 40 2,616 3,756 863 6,516 13,751 4.73% Manage Project 48 3,139 4,507 1,036 8,682 2.99% Assist Bidding 8 441 633 145 1,219 0.42% Subconsultant DL 652 652 0.22% TOTALS 2275 99,070 142,217 9,405 33,343 6,516 290,551 100.00% 241,287 BLR 05514 (Rev. 02/01/21) Cost Estimate Worksheet Printed 2/19/2021 9:54 AM Page 4 of 6 Local Public Agency County Section Number ICity of Elgin I I Kane 09-00176-00-BT AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultants Services Worksheet Fixed Raise SHEET 1 OF 2 Early Coordination and Supplemntal Project Development Environmental Coord and PAYROLL AVG TOTAL PROJ.RATES Data Collection Topographic Survey Report Addendum Permits Plan Preparation HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd [48 % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. AvgPart. AvgPart. Avg Executive Vice President 78.00 0.0 Vice President 71.54 0.0 Engineer V 65.41 291.0 12.79% 8.37 40 35.71% 23.36 10 7.81% 5.11 100 6.96% 4.55 Engineer IV 54.25 123.0 5.41% 2.93 33.57% 18.21 75 5.22% 2.83 Engineer III 44.78 518.0 22.77% 10.20 30 26.79% 11.99 10 3 69% 1.65 80 62.50% 27.9931.47% 14.09 310 21.57% 9.66 Engineer II 36.20 100.0 4.40% 1.59 100 6.96% 2.52 Engineer 1 31.21 534.0 23.47% 7.33 42 37.50% 11.71 20 15.63% 4.88 13.99% 4.37 452 31.45% 9.82 Environmental Scientist V 56.30 5.0 0.22% 0.12 5 1 3.50% 1.97 Environmental Scientist IV 44.88 0.0 Engineer Tech V 51.42 0.0 Engineer Tech IV 43.49 0.0 Engineer Tech 111 36.73 0.0 Engineer Tech 11 29.00 0.0 Spatial Tech.Manager 56.91 0.0 Spatial Tech.Prof.III 38.66 0.0 Spatial Tech.Prof.It 31.62 0.0 Spatial Tech.Prof.1 25.32 0.0 Survey Manager 40.73 1.0 0.04% 0.02 1 0.37% 0.15 Project Surveyor 35.98 225.0 9.89% 3.56 225 83.03% 29.87 CADD Technician 111 45.03 473.0 20.79% 9.36 35 12.92% 5.82 18 1 14.06% 6.33 20 13.99% 6.30 400 27.84% 12.53 CADD Technician II 38.51 0.0 Administrative Support IV 33.25 5.0 0.22% 0.07 5 3.50% 1.16 Administrative Support III 29.11 0.0 Administrative Support 1 20.28 0.0 0.0 0.0 0.0 TOTALS 2275.0 100% $43.55 112.0 1 100.00% 1$47T,06271.0 1 100% $37.49 128.0 100% $44.31 143.0 100% $46.09 1437.0 100% $41.91 BLR 05514(Rev. 02/01/21) Printed 2/19/2021 9:54 AM Page 5 of 6 Avg Hourly 1 Local Public Agency County Section Number ICity of Elgin Kane 09-00176-00-BT AVERAGE HOURLY PROJECT RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise SHEET 2 OF 2 PAYROLL AVG Meetings Geotechnical Report QA/QC Manage Project Assist Bidding HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Executive Vice President 78.00 Vice President 71.54 Engineer V 65.41 45 56.25% 36.79 4 50.00% 32.70 40 100.00% 65.41 48 100.00% 65.41 4 50.00% 32.70 Engineer IV 54.25 Engineer III 44.78 35 43.75% 19.59 4 50.00% 22.39 1 1 4 50.00% 22.39 Engineer II 36.20 Engineer 1 31.21 Environmental Scientist V 56.30 Environmental Scientist IV 44.88 Engineer Tech V 51.42 Engineer Tech IV 43.49 Engineer Tech III 36.73 Engineer Tech II 29.00 Spatial Tech.Manager 56.91 Spatial Tech.Prof.III 38.66 Spatial Tech.Prof.II 31.62 Spatial Tech.Prof.1 25.32 Survey Manager 40.73 Project Surveyor 35.98 CADD Technician III 45.03 CADD Technician II 38.51 Administrative Support IV 33.25 Administrative Support III 29.11 Administrative Support 1 20.28 TOTALS 80.0 1 100% $56.38 8.0 1 100% 1 $55.09 40.0 100% $65.41 48.0 1 100% $65.41 8.0 100% 1 $55 091 00.0 0% $0.00 BLR 05514(Rev. 02/01/21) Printed 2/19/2021 9:54 AM Page 6 of 6 Avg Hourly 2 EXHIBIT F - MANHOUR SUMMARY BIKE ROUTE 4 CITY OF ELGIN PH II ENGINEERING SERVICES - MANHOUR SUMMARY Task Total Manhours Manhours 1- EARLY COORDINATION AND DATA COLLECTION Data Collection 16 Funding Coordination 40 Field Evaluation 16 Utility Coordination 40 Total task manhours 112 2- SUPPLEMENTAL TOPOGRAPHIC SURVEY Supplemental Survey 13,865' supplemental topo (road edge to 10' beyond ROW) 220 Tree Survey Field Work 16 CADD Processing & Management(SS4 model) 35 Total task manhours 271 3- PROJECT DEVELOPMENT REPORT ADDENDUM Alternative Geometric Development (Randall Road) 80 ROW Analysis 8 Phase I Addendum 40 Total task manhours 128 4- ENVIRONMENTAL COORDINATION AND PERMITTING ESRF ADDENDUM and Follow Up Consultation 4 Erosion Control Plan Signoff 8 County Stormwater Ordinance 16 Stormwater Detention 24 PESA Update 33 PSI / LPC-663 58 Total task manhours 143 Page 1 of 3 EXHIBIT F - MANHOUR SUMMARY BIKE ROUTE 4 CITY OF ELGIN PH II ENGINEERING SERVICES- MANHOUR SUMMARY Task Total Manhours Manhours 6- PLAN PREPARATION> Title Sheet 8 Alignment and Ties (2 sheets at 12 hours/sheet) 24 Notes/Index/Standards (2 sheets) 24 Summary of Quantities (3 sheets at 15 hours/sheet) 45 Schedule of Quantities (2 sheets at 12 hours/sheet) 24 Typical Sections (4 sheets at 16 hours/sheet) 64 Double Panel Removal Plans (5 sheets- 1"=50'at 12 hours/sheet) 60 Drainage and Utilities Design (11 sheets- 1"-50'at 10 hours/sheet) 110 Maintenance of Traffic Notes, Typical Sections, Details 45 Structural Plans Fitchie Creek 3-Sided Structure 30 At Retaining Walls 60 Otter Creek Culvert 24 Guardrail Warrant Design 45 Plan View Only Double View(7 sheets- 1"50'at 16 hours/sheet) 112 Plan & Profile (11 sheets - 1"-50' at 24 hours/sheet) 264 Stormwater Detention (2 sheets at 40 hours/sheet) 80 Erosion Control Plans(Pre-stage, stage 1) Plans (3 Sheets-1"=100' at 16 hours/sheet) 48 Cross Sections Build Corridor Model 40 Topo Sections Only- 300 sections at 0.5 hrs/section 155 ADA Curb Ramp Details(16 details at 6 hours/detail) 96 KCDOT Details and IDOT Details inclusion 8 Special Provisions 45 Estimate of Cost 20 Estimate of Time 6 1437 7 MEETINGS City Meetings (5 mtgs, 2 people, 3 hours/mtg) 30 IDOT Meetings (2 mtgs, 2 people , 3 hrs/mtg) 12 KCDOT Meetings (2 people 2 meetings, 3 hrs/mtg) 12 Utility Coordination Meetings (2 people, 2 meetings, 3 hrs/mtg) 12 Plan in hand field review(1 person, 2 meeting) 14 F Total task manhours 80 8 GEOTECHNICAL REPORT Coordination 8 Total task manhours 8 Page 2 of 3 EXHIBIT F - MANHOUR SUMMARY BIKE ROUTE 4 CITY OF ELGIN PH II ENGINEERING SERVICES - MANHOUR SUMMARY Task Total Manhours Manhours 9- QAQC Review of Milestone Submittals 40 Total task manhours 40 10- MANAGE PROJECT Administration -4 hrs/month at 12 months 48 Total task manhours 48 11- ASSIST BIDDING Design Assistance, Clarification, Coordination 8 Total task manhours 8 TOTALS 2275 2275 Page 3 of 3 EXHIBIT G - SMC PROPOSAL Office: 847-870-0544 SOIL AND MATERIAL CONSULTANTS, INC. Fax: 847-870-0661 us@soilandmaterialconsultants.com www.soilandmaterialconsultants.com January 21, 2,021 Proposal No. 18,890 Mr. Jason J. Fluhr, P.E., PTOE Baxter& Woodman, Inc. 8087 Ridgefield Road Crystal Lake, IL 60012 Re: Pavement Investigation Bowes Road Bike Lanes Elgin, Illinois Dear Mr. Fluhr: Submitted for your consideration is our proposal to provide the requested pavement section investigation and subsurface soil condition analysis for the proposed bike lane improvements along Bowes Road in the City of Elgin, Illinois. Scope of the Investigation A total of(10) borings will be performed along Bowes Road on alternate sides of the existing pavement. We will contact JULIE to locate public utilities. Additionally, (4) pavement cores will be performed to determine material types and thicknesses. The borings will be power auger drilled and soils sampled using a split barrel sampler at intervals of 2.5 feet to depths of 5.0 feet. Borings may be terminated at shallower depths if refusal is encountered. Soil samples will be returned to our laboratory for testing including determination of moisture content. Cohesive soils obtained by split barrel sampling will be further tested to determine dry unit weight and unconfined compressive strength. Selected soil samples will be tested for determination of grain-size distribution, Atterberg limits, and other pertinent testing. Engineering Evaluation, Report The field investigation and laboratory testing will be completed under the direction of a Registered Professional Engineer. Preliminary information will be available upon request. Upon completion of the investigation an engineering evaluation will be completed and a report prepared. The report will present our findings and appropriate recommendations. Charges Our unit charges and the estimated total cost for the investigation are indicated on the attached Schedule of Fees. This schedule also indicates the anticipated frequency as well as type of 8 W. COLLEGE DR. • SUITE C • ARLINGTON HEIGHTS, IL 60004 SOIL BORINGS • SITE INVESTIGATIONS • PAVEMENT INVESTIGATIONS • GEOTECHNICAL ENGINEERING TESTING OF • SOIL • ASPHALT• CONCRETE • MORTAR • STEEL Proposal No. 18,890 Page 2 Re: Bowes Road Bike Lanes Elgin, Illinois field and laboratory testing proposed for this investigation. Final billing will be based on actual services rendered at the indicated rates. Your consideration of this proposal is appreciated. The attached General Conditions are understood to be part of this proposal. If this proposal is acceptable, please execute and return one copy to our office. Should you have any questions concerning the scope of the investigation, please let us know. Very truly yours, SOIL AND MATERIAL CONSULTANTS, INC. Thomas P. Johnson, P.E. President TPJ:dd Proposal Accepted By: Client Street Town State Zip Code Phone ( ) E-Mail Address Signature Position Printed Name Date Proposal No. 18,890 Page 3 Re: Bowes Road Bike Lanes Elgin, Illinois SCHEDULE OF FEES --PAVEMENT AND SUBSURFACE SOIL INVESTIGATION Item Units Fee Estimated Cost FIELD Boring Layout 4 hr. $ 96.00 /hr. $ 384.00 Utility Location 2 hr. $ 96.00 /hr. $ 192.00 Flaggers (2-person crew) 8 hr. $ 330.00 /hr. $ 2,640.00 Mobilization 1 $ Lump Sum $ 300.00 Drilling (10 at 5') 50 ft. $ 14.00 /ft. $ 700:00 Split Barrel Sampling 20 ea. $ 10.00 ea. $ 200.00 Pavement Coring 4 ea. $ 110.00 ea. $ 440.00 LABORATORY Moisture Content Unit Weight 1 $ Lump Sum $ 375.00 Unconfined Compressive Strength Organic Content 3 ea. $ 25.00 ea. $ 75.00 Hydrometer Analysis 3 ea. $ 95.00 ea. $ 285.00 Atterberg Limits 3 ea. $ 75.00 ea. $ 225.00 REPORT Senior Engineer(P.E.) 5 hr. $ 140.00 /hr. $ 700.00 Estimated Total Cost: $ 6,516.00 Proposal No. 18,890 Page 4 Re: Bowes Road Bike Lanes Elgin, Illinois Soil and Material Consultants,Inc.(SMC)scope of work defined in the proposal TERMS AND CONDITIONS was based on information provided by the client. If incomplete,inaccurate or if unexpected site conditions are discovered,the scope of work may change. GEOTECHNICAL INVESTIGATIONS TESTING SERVICES Client will furnish SMC with right-of-access to the site. Client shall furnish SMC with at least one working day's notice on any part- SMC will take reasonable precautions to minimize site time(less than 8 hours/day)job when field personnel are requested. SMC damage due to its operations,but has not included in shall make reasonable effort to provide field personnel in a timely manner the fee the cost of restoration of any resulting but reserves the right to schedule field personnel as deemed appropriate. damage. SMC shall not be liable for damage or injury Minimum charges will be billed when work cancellations are received after due to encountering subsurface structures(pipes, field personnel have left for the project site. tanks,utilities or others)not called to SMC's attention in writing or are not correctly shown on the drawings SMC personnel will provide a professional service based on observations furnished by client or client's representative. If the and testing of the work of a contractor,subcontractor,or other client desires,SMC will restore any damage to the site service/material provider,as specifically requested. SMC field personnel and add the cost of restoration to the fee. will look for general conformance with project specifications,plans and/or soil report but does not accept the responsibility to control or direct the Field work,laboratory testing and engineering work of others. Discrepancies noted by SMC office or field personnel will analysis will be performed in accordance with be referred to client or client's representative. generally accepted soil and foundation engineering practices. Samples are retained in our laboratory for Testing Services furnished by SMC are defined as the taking of soil and/or 30 days from date of report and then destroyed unless material tests at various locations and the making of visual observations other disposition is requested. The data reported relating to earthwork,foundations,and/or materials as specifically applies only to the soils sampled and the conditions requested by the client and agreed to by SMC,and will be limited to those encountered at each boring location. This does not specifically agreed services. Such services will be performed by SMC imply or guarantee that soils between borings will be using that degree of care and skill ordinarily exercised,under similar identical in character. Isolated inclusions of better or circumstances,by reputable members of the profession practicing in this poorer soils can be found on any site. SMC will not or similar localities. be liable for extra work or other consequences due to changed conditions encountered between borings. Observations and testing of soils and/or materials by SMC in no way implies a guarantee or warranty of the work of the contractor, Any exploration,testing and analysis associated with subcontractor,or other service/material provider. SMC's work or failure to the investigation will be performed by SMC for the perform same shall in no way excuse such contractor,subcontractor or client's sole use to fulfill the purpose of this other service/material provider from liability in the event of subsequently Agreement. SMC is not responsible for use or discovered defects,omissions,errors,deficiencies or failure to perform in interpretation of the information by others. The client accordance with the project plans and specifications. SMC field personnel recognizes that subsurface conditions may vary from shall not be responsible for superintendence of the construction process those encountered in borings or explorations. nor direction of the work of the contractor,subcontractor,or other Information and recommendations developed by SMC service/material provider. SMC's work shall not include determining or are based solely on available information and for the implementing the means,methods,techniques,sequences or procedures currently proposed improvement. of construction. SMC shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare. Documents including but not limited to technical reports,original boring logs,field data,field notes,laboratory test data,calculations, reports of inspection and testing,geotechnical reports,technical reports,submittals and estimates furnished to the client or its agents pursuant to this agreement are not intended or represented to be suitable for reuse by the client or others on extensions of this project or on any other project. Any reuse without SMC's written consent will be at user's sole risk and without liability or legal exposure to SMC. User shall indemnify and hold harmless SMC from all claims,damages,losses and expenses including attorney's fees arising out of or resulting therefrom. To the maximum extent permitted by law,the Client agrees to limit SMC liability for clients'damages to$100,000 or the fee,whichever is lesser. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Soil and Material Consultants,Inc.is a Professional Engineering Corporation. Engineering services are often completed by extension through technical staff. The unit rates presented in this proposal do not reflect charges associated with organized labor. Future agreements,if any,with organized labor will invalidate some of the unit rates presented. Required rate adjustments will be presented to the client for acceptance prior to providing services at the adjusted rates. Services are invoiced monthly for the preceding period. Client agrees to pay each invoice within thirty(30)days of receipt and further agrees to pay interest on all amounts not paid at the rate of 2.0%per month,an annual rate of 24%,from the due date. Client agrees to pay all reasonable costs of collection including staff time,court costs,Attomeys'fees and related expenses,if this account becomes delinquent. Client agrees that reports furnished to the client but not paid for in full remain the sole property of SMC and will not be used for design,construction,permits,licensing,sales or other gain.