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HomeMy WebLinkAbout21-18Resolution No. 21-18 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2021 GIFFORD PARK RESURFACING 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 HR Green, Inc., for professional services in connection with the 2021 Gifford Park Resurfacing Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Ka David J. Kaptain, Mayor Presented: February 10, 2021 Adopted: February 10, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 1Oth day of February , 20 21 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and HR GREEN, INC., an IOWA corporation, authorized to do business in the State of Illinois (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with CITY OF ELGIN 2021 GIFFORD PARK RESURFACING PROJECT (hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to -wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". B. The general Scope of Services is to provide Preliminary Engineering tasks for the preparation of proposal documents including location maps, typical sections, construction details, project specifications, construction cost estimates, and all other related work necessary to complete the proposal documents. In addition, plan exhibits and cost estimates for sustainable design options will be provided to the CITY for review and potential inclusion within the PROJECT. Preparation of documents will follow CITY and Illinois Department of Transportation (IDOT) Motor Fuel Tax (MFT) standards and procedures. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by this reference. C. Construction and Phase III Engineering Inspection for the PROJECT will use Motor Fuel Tax (MFT) funds and completed under separate agreement. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. • Council Approval and Notice to Proceed — February 10, 2021 • Preliminary Engineering — March 19, 2021 • IDOT Approval of Bid Documents - April 2, 2021 • Bid Opening — April 20, 2021 • Award and Construction Completion Date — October 1, 2021 B. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER (Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of Fifty -Five Thousand Six Hundred and Zero Dollars ($55,600.00), regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR and approved by way of written amendment to this Agreement executed by the parties. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Pavment Schedule DATE ESTIMATED % COMPLETE ESTIMATED VALUE OF WORK COMPLETE ESTIMATED INVOICE VALUE 2/28/2021 30% $16,680.00 $16,680.00 3/31/2021 45% $41,700.00 $25,020.00 4/30/2021 20% $52,820.00 $11,120.00 5/31/2021 5% $55,600.00 $2,780.00 TOTAL 100% $55,600.00 -2- 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under section 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either parry 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 parry, 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, -3- 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, etseq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time -barred. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, the following types and amounts of insurance: A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification" shall be provided. -4- This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non -owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. -5- 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO -PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any section, sub -section, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several sections of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 912 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse -7- Prevention Public Works Project Act at 820 II.CS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: B. As to ENGINEER: Mike Pubentz Akram Chaudhry Director of Public Works Vice President City of Elgin HR Green, Inc. 150 Dexter Court 420 North Front Street Elgin, Illinois 60120-5555 McHenry, IL 60050 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. FOR THE CITY: FOR THE ENGINEER: fin By By: City Manager Name/print: Akram Chaudhry Title: Vice President City Clerk 0 M HRGreend ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT For City of Elgin 2021 Gifford Park Resurfacing Project Preliminary Engineering Services Mike Pubentz City of Elgin 150 Dexter Court Elgin, IL, 60120 847.931.6081 Akram Chaudhry, P.E. Vice President HR Green, Inc. 420 N Front Street McHenry, IL, 60050 HR Green Project Number: 200067 Version 2.1 02212019 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.1 02212019 THIS AGREEMENT is between CITY OF ELGIN (hereafter "CLIENT') and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The project is located on various roadways within the jurisdiction of the CLIENT. The improvement will consist of asphalt pavement resurfacing, pavement patching, curb and gutter replacement, sidewalk and ramp replacement, drainage structure adjustments, and related improvements required to construct the improvements. This contract is based on an approximate $1,100,000 construction budget amount. COMPANY understands that the CLIENT requires Preliminary Engineering services for the proposed improvements. The work will include Preliminary Engineering tasks required for the preparation of proposal documents, location map, typical sections, construction details, project specifications, construction cost estimates, and all other related work necessary to complete the proposal documents. Preparation of Preliminary Engineering documents will follow CLIENT and Illinois Department of Transportation (IDOT) MFT standards and procedures. 1.2 Design Criteria/Assumptions The engineering and contract documents will be developed according to the applicable requirements within the following design guidelines: a) Bureau of Local Roads and Streets (BLR) Manual; and b) City of Elgin Guidelines, Details, and Standards (as applicable). 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 PRELIMINARY ENGINEERING A. Initial Kickoff Meeting COMPANY and the CLIENT will meet to ascertain that the scope of services is clearly defined to maintain the project schedule. B. Roadway Design COMPANY will perform a thorough field evaluation of the streets to be improved. The field evaluation will obtain measurements, define the pavement improvement strategy, and review existing sidewalk ramps for compliance with current ADA standards. Roadway typical sections, location maps, summary of quantities, and construction details will be developed showing resurfacing limits, sidewalk ramp locations, pavement patching, utility structure adjustments, and curb improvements. COMPANY will analyze the collected pavement core information to determine existing asphalt thickness and overall roadway composition and coordinate with the CLIENT to design a Hot Mix Asphalt (HMA) pavement that meets CLIENT and IDOT standards. Version2.1 02212019 C. Topographic Survey COMPANY will perform topographical survey of the City Hall parking lots to determine existing site conditions. The survey scope includes the following: Right of Way (ROW) Survey COMPANY will calculate the existing ROW as shown on County GIS and ROW plats, as provided by CLIENT, to include on the base map. Parking Lot Topographic Survey Parking Lot Survey will include the lots at City Hall, located at 150 Dexter Court. The location includes the parking lot north of Dexter Court and the main lot south of Dexter Court as shown in the Location Maps. Survey will extend to the existing ROW line on both sides of the lots and will include the northeast corner of the intersection of Highland Avenue at Grove Avenue. Existing utilities will be surveyed from visible flags or markings. Storm, sanitary sewer and watermain structures will be surveyed, including rim elevation, invert pipe size, direction and elevation as observed at unlocked manholes. Trees six inches or larger in diameter lying outside of a tree line will be located but species not identified. D. Special Provisions COMPANY will prepare contract special provisions for the project. The document will include Supplemental, Recurring, BLR, BDE, and project specific special provisions, as necessary. The project specific special provisions will be written to cover any items not covered by the Standard Specifications for Road and Bridge Construction. E. Maintenance of Traffic An analysis of how the proposed improvements will be constructed and the maintenance of traffic and facilities will be discussed with the CLIENT. It is assumed applicable IDOT Highway Standards will be used for traffic control and protection during construction. It is anticipated that construction may require day -time lane closures. Maintenance of traffic specifications and notes will identify and define the allowable contractor operations, and the required traffic control devices will be included in the bidding documents. Construction sequencing procedures will be detailed in the plans and specifications to ensure that temporary access to driveways are provided at the end of each work day. F. Construction Cost Estimates Opinions of probable construction cost will be developed and refined throughout the design process so that the CLIENT has the latest cost estimate. These costs will be determined using pay items and the latest historical unit prices available for the area. G. Bidding Assistance and Recommendation to Award COMPANY will prepare the Computer Data form and schedule the advertisement dates though IDOT District 1 as well as the local newspaper. COMPANY will prepare reproducible plans and bidding documents and respond to questions during the bidding process. At the bid opening, CLIENT will open and read aloud the results of each Contractor's bid and announce an apparent low bidder. COMPANY will be in attendance at the bid Version2.1 02212019 opening to assist CLIENT with clarifying bidding information and answer questions. Following the bid opening, COMPANY will examine the bid documents and perform calculation checks of each Contractor to confirm the low bidder and generate bid tabulations. Subsequently, COMPANY will coordinate with the low bidder and obtain the executed Contract and Contract Bond documents from the Contractor. COMPANY will combine and prepare the completed Contract documents and submit to CLIENT for execution and approval from City Council. 2.2 SUSTAINABLE DESIGN ANALYSIS A. Parking Lot Sustainable Design Elements COMPANY will analyze various sustainable design elements for the potential inclusion on the improvements to the City Hall parking lots. COMPANY will prepare and provide up to 4 design options that will include sustainable construction practices to CLIENT for review. If CLIENT determines specific items will be included within the overall project, a contract addendum will be prepared to include the design engineering services. B. Plan Exhibits and Cost Estimates COMPANY will develop and prepare plan exhibits and opinions of probable cost for each of the identified design elements. The documents will be provided to CLIENT for further coordiantion with various City Departments. The plan exhibits will include general parking lot site layout and related sustainable elements. The detailed final design and related engineering calculations for the parking lot improvements is not included as part of this agreement but can be provide under a separate agreement. 3.0 Deliverables and Schedules Included in this Agreement COMPANY will provide the following deliverables to the CLIENT and/or IDOT for review and approval: • 2021 Gifford Park Resurfacing Project Contract Proposal Booklet for Bidding • City Hall Parking Lot Sustainable Design Exhibits A detailed project schedule is provided as Attachment B. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: 1. Construction Engineering services; 2. Design Engineering services for sustainable design elements; and 3. Environmental permitting / coordination Version2.1 02212019 Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate AGREEMENT, if desired. 5.0 Services by Others COMPANY will engage a sub consultant to extract pavement cores for review of the existing pavement section during the preliminary engineering phase. 6.0 Client Responsibilities No additional CLIENT responsibilities are anticipated for the project. 7.0 Professional Services Fee 7.1 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable within 30 days upon receipt. 7.2 Extra Services Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.3 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the AGREEMENT. These service items are considered extra and are billed separately on an hourly basis. 7.4 Payment The CLIENT AGREES to pay COMPANY on the following basis with fees calculated based on estimated construction cost of $1,100,000: TASK HOURS COSTS Preliminary Engineering Meetings, Field Visits, Project Administration, and Bidding Assistance 50 $9,400 Roadway Design, Special Provisions, Quantities 145 $23,200 Topographic Survey 48 $6,400 Pavement Core Investigation Subconsultant $5,000 Sub -Total 243 $44,000 Sustainable Design Analysis Parking Lot Sustainable Design 32 $5,400 Cost Estimates, Exhibit Preparation 48 $6,200 Sub -Total 80 $11,600 Project Total 323 $55,600.00 Version2.1 02212019 ATTACHMENT B —SCHEDULE Council Approval and Notice to Proceed — February 10, 2021 Bid Documents and EOPC — March 19, 2021 Bid Documents Approval — April 2, 2021 Bid Opening —April 20, 2021 Council Approval of Construction Contract — April 28, 2021 IDOT Approval of Construction Contract — April 30, 2021 Construction Completion Date — October 1, 2021 ATTACHMENT C - RATE SHEET HRGreen Professional Services Principal Senior Professional Professional Junior Professional Senior Technician Technician Senior Field Personnel Field Personnel Junior Field Personnel Administrative Coordinator Administrative Corporate Admin HR GREEN Billing Rate Schedule Effective January 1, 2021 Billing Rate Range $215-$310 $195- $300 $125-$200 $85- $145 $120-$160 $75-$130 $140- $205 $90- $170 $75- $100 $70-$115 $65-$100 $80- $150 Operators/Interns $50- $120 ATTACHMENT D - LOCATION MAP Locations: City Hall parking lots, Police Department parking lot Locations: Times Square Road