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HomeMy WebLinkAbout21-174 Resolution No. 21-174 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE ABBOTT DRIVE DETENTION BASIN RETROFIT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Hampton,Lenzini and Renwick,Inc.,for professional services in connection with the Abbott Drive detention basin retrofit project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 1, 2021 Adopted: December 1, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 1st day of December,2021, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Hampton, Lenzini and Renwick, Inc., a Delaware corporation, (hereinafter referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Abbott Drive Detention Basin Retrofit (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 City Engineer of the CITY,herein after referred to as the"CITY ENGINEER". B. The Scope of Services for this PROJECT shall include providing professional engineering services for all aspects of the Abbott Drive Detention Basin Retrofit. The scope of services includes survey. engineering design, permitting, environmental surveys, reporting, and permitting, native restoration services, and native maintenance. These services will be completed at the Abbott Drive Detention Basin. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. (1) Kickoff meeting to discuss PROJECT priority and Scope December 6, 2021. (2) Scope Completion with bid documents and other outside agency permits by November 30,2022 (is dependent upon approvals from other outside agencies). B. A detailed project fee 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 fee schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the CITY ENGINEER 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 CITY ENGINEER; 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 based on the ENGINEER'S hourly rates of compensation for work time performed plus authorized expenses herein as authorized by the City in the City's sole discretion. The ENGINEER'S full payment for the PROJECT shall not exceed a maximum total of$135,200.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY ENGINEER and approved by way of written amendment for this Agreement executed by the parties. The aforementioned not to exceed amount of$135,200.00 shall be inclusive of all expenses and costs of whatsoever nature and for whatsoever purpose, including but not limited to outside services provided by other firms, subconsultants and/or subcontractors. B. For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 10 percent (10%). Any costs for such outside services are included within the not to exceed total fee and expense of$135,200 provided in Section 4A above. C. Other reimbursable components of the fee are listed in Attachment A. Such other reimbursable components of the fee are included within the not to exceed total fee and expenses of$135,200.00 provided in Section 4A hereof. 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 -2 - payments to the ENGINEER for each task shall not be made until the task is completed and accepted by the CITY ENGINEER.These rates will remain in effect through December 31, 2021. The ENGINEER will submit revised rates to be utilized through December 31,2022. E. A listing of the Engineer's 2021 hourly rates and expenses is as follows: 2021 Rates PRINCIPAL $220.00 ENGINEER 6 $185.00 ENGINEER 5 $165.00 ENGINEER 4 $155.00 ENGINEER 3 $145.00 ENGINEER 2 $115.00 ENGINEER 1 $95.00 STRUCTURAL 2 $200.00 STRUCTURAL 1 $160.00 TECHNICIAN 3 $130.00 TECHNICIAN 2 $110.00 TECHNICIAN 1 $80.00 INTERN/TEMPORARY $50.00 LAND ACQUISITION $145.00 SURVEY2 $135.00 SURVEY 1 $110.00 ENVIRONMENTAL 2 $140.00 ENVIRONMENTAL 1 $95.00 ADMINISTRATION 2 $130.00 ADMINISTRATION 1 $75.00 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 i 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 - 3 - 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 CITY ENGINEER relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the CITY ENGINEER 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. INAEMNIFICATIQN 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 -4 - 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. INSU CE, 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 CITY ENGINEER 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 CITY ENGINEER. 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 - 5 - Certificate of Insurance shall be submitted to the CITY ENGINEER as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30)days prior written notice to the CITY ENGINEER. 13. CONSTRUCTION MEANS, METHODS, TECHNIOUES, SEOUENCESI 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 - 6- 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 CITY ENGINEER, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the CITY ENGINEER 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. - 7 - 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/I et seq. A copy of such policy shall be provided to the CITY ENGINEER prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the CITY ENGINEER and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The CITY ENGINEER 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: - 8 - Ronald L. Rudd, P.E. Erica Spolar City Engineer Executive Vice President City of Elgin Hampton,Lenzini and Renwick,Inc. 150 Dexter Court 380 Shepard Drive Elgin, Illinois 60120-5555 Elgin,Illinois 60123 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing,ENGINEER hereby certifies,represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be 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. - 9- FOR THE CITY: FOR THE ENGINEER: lip G By: U 4 City Manager Name/Print: &1 � f i'/7- Title: Re1abv6 Vitt fr& ('1ea1f Attest: City Clerk F:L,egal Dept\Agreement\ENGINEERING AGREEMENT-FORM-c lean-1 0-2-1 8.docx - 10- ATTACHMENT A SCOPE OF SERVICES ATTACHMENT A Abbott Drive Detention Basin Retrofit Scope of Services 1. Survey Services Topographic survey on a 50-foot grid and survey of pertinent features including existing drainage features. The survey will be provided with Illinois State Plane coordinates(NAD 83)and elevations will be provided in NAVD 88 datum. Trees and shrubs will be marked for removal by a Certified Arborist.Marking will be based on the tree/shrub location, structure,health, species and designation as native or invasive. 2. Design Engineering Services Prepare plans for basin creation, including quantities, cost estimate, bid document assistance and engineering plan set. HLR will utilize Kane County 2' contours and utility atlases or GIS information provided by the City to delineate the tributary area. If available, any development plans or stormwater management reports for the project area should be provided to HLR. The tributary area will be used to determine the volume and rate of stormwater runoff to the basin. HLR will model the existing stormwater detention basin to evaluate its functionality using Bulletin 70/75 storm events using the Huff Distribution. Basin analysis will seek to verify the performance of the basin and identify possible optimizations that may improve the basin. The control structure modeling will maximize stormwater detention basin benefits and also ensure that adverse impacts are not seen upstream. If available,any development plans or stormwater management reports for the project area should be provided to HLR. It is understood that another consultant has previously studied the watershed and that HLR would be able to obtain hydrologic and hydraulic data for this area. To properly evaluate the effectiveness of the proposed basin,we request that the city provide HLR with inflow hydrographs for critical storm events up to and including the 500-year event. Further confirmation is requested as to the rainfall and storm distributions used in the consultants model. Modifications to the hydrologic and hydraulic model, if necessary, are not included in this cost and would require additional fee for all updates. 3. Permitting If potential wetlands are identified during the environmental screening, then a formal wetland delineation will be conducted. The wetland delineation(s) will be conducted to meet the requirements of Executive Order 11990, "Protection of Wetlands", Section 404 of the Federal Water Pollution Control Act as amended by the Clean Water Act(Corps of Engineers, Section 404 Permit), and Illinois Environmental Protection Agency (IEPA Section 401 Guidelines) regulations. These regulations pertain to the placement of fill or alterations of drainage within wetlands of any type and apply to private as well as publicly owned wetlands. The investigation will meet the requirements of these regulations by identifying the type, functions, and boundary of the involved wetlands. "Wetlands" are defined by the U.S. Army Corps of Engineers (USACE) for jurisdictional purposes as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (33 CFR 323.3(c)). The field investigation will be conducted by our environmental personnel who are experienced in Federal methods for conducting wetland delineations. The field work portions of the delineations will need to be completed within the growing season as described in the Kane County Ordinance,this is between the last Monday of March through third Friday of November. Our staff will classify and define hydric soils, hydrophytic vegetation, and evidence of hydrology to determine if wetlands are present. The wetland perimeters will be surveyed by using HLR's GPS equipment. Wetlands found will be classified according to type using the"Classification of Wetlands and Deep Water Habitats of the United States" by Cowardin. Wetland boundaries will be defined in accordance with the Corps of Engineers Wetlands Delineation Manual:Midwest Region. This includes a soil investigation to determine the presence or absence of hydric soils and an analysis of the dominant plant species. Field observations will be made on any evidence indicating the hydrology of the area and on water sources that are supporting these wetlands. Functions of these wetlands will be evaluated from field observations. In addition to the areas mapped as wetlands by the NWI and ADID map, all areas within the project limits will be investigated in the event that unmapped wetlands are present. As the NWI maps are developed to be used as a general planning tool, detailed field investigations are required to determine whether or not wetlands are present. All areas exhibiting wetland characteristics within the proposed project limits will be investigated. The NWI and ADID maps were reviewed for this project. On the NWI map, the site is listed as PEM/SS 1 C,Palustrine Emergent/Palustrine Scrub Shrub Broad-Leaved Deciduous Seasonally Flooded. The Kane County ADID map depicts the site as part of High Functional Value Wetland 1379. HLR can conduct the farmed wetland determination,as the Natural Resource Conservation Service (NRCS) no longer conducts these determinations. It appears from the aerial photographs that farmed wetlands are not located immediately adjacent to the roadway and as the majority of the project will likely occur within the existing roadway right-of-way, a farmed wetland determination is not anticipated. A wetland delineation letter report will be prepared summarizing the findings of the fieldwork. Included in the report will be the required wetland delineation data sheets that summarize the findings of the field investigation as well as pertinent figures. Tasks required for permitting are not included in this scope of work. After delineations are completed a permitting scope of work for this project will be prepared. HLR recommends avoiding impacts to all wetlands. If the wetland(s)are determined to be jurisdictional and impacts are proposed, a permit application will be submitted to the USACE. HLR will complete and submit the Joint Application form and other necessary information to obtain a permit from the Chicago District Corps of Engineers. The Joint Application will be simultaneously submitted to the following agencies: • US Army Corps of Engineers • US Fish&Wildlife Service • Illinois Department of Natural Resources(IDNR) • Illinois Environmental Protection Agency(IEPA) The Regional/Nationwide Permits issued by the USACE contain a conditional Section 401 Water Quality Certification built into the permit. If this project qualifies under the Regional/Nationwide Permit program, no separate Section 401 review will be required. For the purposes of this proposal, we will assume Nationwide/Regional permit can be obtained for the project. A Regional Permit will take a minimum of 45 days to receive and that would be the best-case scenario. If a permit from the USACE is required,then approval of the soil and erosion control plans from Kane-DuPage Soil and Water Conservation District will be required.This application will require a fee. This fee has not been included in this scope of services, but the application cost is included in this cost. Environmental Background Research and 662 Application: The initial step will include an environmental database search for all records pertaining to contamination within project limits.The information generated in the database search will be utilized to provide the City with a map delineating potentially impacted properties (PIPs). The areas not adjacent to PIPs should be eligible for processing with a 662 application. The spoils generated from these sites will only require pH testing, which will be provided by HLR with a mobile testing device. HLR will coordinate with local CCDD facilities for 662 pre-approval. In the unlikely event that any PIPs are found on or adjacent to the site, City staff would be notified of the options available for material disposal. If any areas are adjacent to PIPs,the site will require additional testing and analysis, for processing with a 663 application. Sampling and 663 Application: This includes taking four soil samples for soil characterization. These samples will be used to establish pre-existing conditions and also for potential CCDD coordination. The soil samples will be submitted to a NELAC approved laboratory for analysis. We will analyze each soil sample for metals, volatiles, semivolatiles, polynuclear aromatic hydrocarbons and PCBs. The results of the analysis would be compared to the limits outlined in the Maximum Allowable Concentrations (MAC) of Chemical Constituents In Uncontaminated Soil Used as Fill Material At Regulated Fill Operations (35 Ill. Adm. Code 1100.Subpart F). A 663 will be prepared if levels meet MAC table limits. Additional Analysis If Necessary: If the soils come back with any elevated levels,we may do additional TCLP or SPLP analysis on those specific constituents to see if they are within the MAC table limits. This testing would be used to create a waste profile if it was necessary to take it to a landfill. HLR will prepare a Kane County Stormwater Management Permit in accordance with the Ordinance. This permit will cover any necessary drainage items and/or soil erosion and sediment control measures. It is not anticipated that stormwater detention requirements or isolated wetlands of Kane County will be needed on this project. HLR will prepare and submit a Joint Application Form for a Illinois Department of Natural Resource, Office of Water Resources (IDNR-OWR) Floodway Permit for the proposed work within the basin. A floodway permit is needed for this project since it is located in the delineated floodway and it is not specifically mentioned regional permit 3. HLR will prepare the permit submittal to IDNR-OWR. Any project disturbing over 1 acre of land will require a National Pollutant Discharge Elimination System (NPDES) permit. HLR will prepare and submit the Notice of Intent (NOI) form, Stormwater Pollution Prevention Plan (SWPPP), and Notice of Termination (NOT) as required by this permit. 4. Coordination HLR will prepare and attend status meetings with Elgin staff. 5. Quality Assurance and Project Administration HLR has adopted a full Quality Control/Quality Assurance Program that establishes the approach by which all projects are monitored and reviewed throughout project development. This approach is tailored specifically to each individual project. With HLR, quality assurance is not a single act, a checking process, or necessarily discreet reviews. Instead, it is a program designed to prevent problems rather than just resolving them. It includes a well-defined scope of work that sets out the project requirements as agreed to by the Client and the Consultant. The objective of this program is to deliver to the Client a quality product on time and within budget. This line item also includes coordination, scheduling and oversight of the entire design project. ATTACHMENT B PROJECT SCHEDULE CITY OF ELGIN IJ R PROPOSED SERVICES ABBOTT BASIN ►a DETAILED COST BREAKDOWN Employee Classification Task Description PR E6 E5 E4 E3 SZR S;R T3 T2 Ti LA SUR 2 SUR 1 ENV2 ENV1 Direct Costs Hours Fee 1. SURVEY SERVICES Inverts 6 6 12 $ 1.290.00 Control/Level Circuit 4 4 8 $ 860.00 Topographic Survey Stream CL Survey&floodplain corridor 32 32 64 $ 6,880.00 CAD 12 12 $ 960.00 Tree ta..in.b Certified Arborist 4 8 56 68 $ 6,880.00 2. DESIGN ENGINEERING SERVICES • Data Collection(GIS,Utility Plans,Construction Plans,Field Visit) 10 2 12 $ 1,870.00 Hydraulic Analysis and Concept Design 32 30 6 14 82 $ 11,950.00 Prepare Plans 0 $ - Title Sheet 2 4 6 $ 750.00 General Notes 4 4 8 $ 1,060.00 Alignment.Ties,and Benchmarks 4 10 14 $ 1.720.00 Grading Plan 28 30 58 $ 7,640.00 Drainage and Utility Plan and Profile 15 10 25 $ 3,575.00 Geotechnical Borings $ 8.000.00 0 $ 8,000.00 Summary of Quantities 4 10 14 $ 1,720.00 Schedule of Quantities 4 10 14 $ 1,720.00 Utility Coordination 8 2 10 _$__, 1,520.00 Soil Erosion and Sediment Control Plan 8 8 12 I 28 $ 3,800.00 Landscaping Plan 8 3 _ 16 I 27 $ 3.360.00 Structural Details 12 8 4 I 24 $ 3,460.00 Cross Sections 12 20 I 32 $ 4,060.00 Standard Details 4 4 8 16 $ 2 180.00 3. PERMITTING Prepare Floodway Permit 8 48 56 $ 8,200.00 Wetland Delineation 5 5 10 $ 1,175.00 Wetland Report 8 12 42 62 $ 6,310.00 Prepare USACE Permit _ 5 8 36 49 $ 4,940.00 Coordination with IDNR(ECOCAT).Section 7 Memo.and/or IHPA 10 10 $ 950.00 Threatened and Endangered Species Survey 8 8 16 $ 1,880.00 Prepare Soil and Water Conservation District Submittal 24 I 24 $ 3,360.00 Prepare Stormwater Pollution Prevention Plan(SWPPP) 8 12 20 $ 2,320.00 Prepare IEPA Notice of Intent 4 I 4 $ 380.00 Prepare IEPA Notice of Termination 4 4 $ 380.00 Prepare Kane County Stormwater Permit 8 40 16 16 16 I 96 $ 12.080.00 Obtain Environmental Database Report(EDR) 2 $ 100.00 2 $ 290.00 Clean Construction and Demolition Debris CCDD 8 40 $ 3,000.00 48 $ 7,920.00 4. COORDINATION AND CONSULTATION Prepare and attend status meetings(2 anticipated) 4 8 8 I 20 $ 3,240.00 5. QUALITY ASSURANCE AND PROJECT ADMINISTRATION Quality Assurance and Quality Control 8 8 16 $ 2,600.00 Project Administration 6 8 8 22 $ 3,920.00 $ - Total 10 16 57 102 130 0 8 6 142 94 0 42 0 163 223 $ 11,100.00 935 $ 135,200.00 11/2/2021