HomeMy WebLinkAbout22-108 Resolution No. 22-108
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITHGROUP, INC. FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE PROPOSED IMPROVEMENTS
FOR THE ELGIN SPORTS COMPLEX
BE IT 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 SmithGroup,
Inc., for professional services in connection with the proposed improvements for the Elgin Sports
Complex, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2022
Adopted: July 13, 2022
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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AGREEMENT
THIS AGREEMENT is made and entered into this 13th day of July , 2022, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY")and SmithGroup, Inc., a Michigan corporation, authorized to do business in the State of
Illinois (hereinafter referred to as"CONSULTANT").
WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain
professional services in connection with the Proposed Improvements for the Elgin Sports Complex
(hereinafter referred to as the "PROJECT"); and
WHEREAS, the CONSULTANT 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
CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of
the mutual promises and covenants contained herein, the sufficiency of which is hereby
acknowledged to perform the services relating to 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 Parks and
Recreation Director of the CITY,herein after referred to as the"DIRECTOR".
B. The CONSULTANT shall provide the services to the CITY for the PROJECT as
outlined in the CONSULTANT'S Proposal dated June 16, 2022, attached hereto
and made a part hereof as Attachment A. In the event of any conflict between the
terms of this agreement, and Attachment A, the terms of this Agreement shall
supersede and control.
2. SCHEDULE AND PROGRESS REPORTS
A. A project schedule for the PROJECT is attached hereto as Attachment B and made
a part hereof by this reference. Progress will be recorded on the project schedule
and submitted monthly as a component of the Status Report described in B below.
B. The CONSULTANT 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 PRODUCT
All work product prepared by the CONSULTANT 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 CONSULTANT
may retain copies of such work product for its records.CONSULTANT's execution of this
Agreement shall constitute CONSULTANT's conveyance and assignment of all right, title
and interest, including but not limited to any copyright interest,by the CONSULTANT to
the CITY of all such work product prepared by the CONSULTANT pursuant to this
Agreement. The CITY shall have the right either on its own or through such other
consultants 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 CONSULTANT.
4. PAYMENTS TO THE CONSULTANT
A. The CITY shall reimburse the CONSULTANT for services under this Agreement
a lump sum of Ninety Two Thousand and Five Hundred ($92,500.00), regardless
of actual Costs incurred by the CONSULTANT unless substantial modifications to
the PROJECT are authorized in writing by the DIRECTOR and approved by way
of written amendment to this Agreement and executed by the parties.
B. The CITY shall make periodic payments to the CONSULTANT based upon actual
progress within thirty(30)days after receipt and approval of invoice. Said periodic
payments to the CONSULTANT shall not exceed the tasks amounts identified in
Attachment A, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
C. The CONSULTANT shall also be compensated for reimbursable expenses incurred
in connection with the PROJECT as detailed in Attachment A hereto,with the total
costs of any such reimbursable expenses not-to-exceed the total amount$67,500.
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
Progress reports(213 above)will be included with all payment requests.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of the
CITY to inspect and audit all data and records of the CONSULTANT for work
done under this Agreement. The CONSULTANT shall make these records
available at reasonable times during the Agreement period and for one(1)year after
termination of this Agreement.
6. TERMINATION OF AGREEMENT
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Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time upon fifteen (15) days prior written notice to the CONSULTANT. In the event
that this Agreement is so terminated,the CONSULTANT shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the task amounts referred to in Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the CONSULTANT is given a notice
to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed
concluded on the date the CITY determines that all of the CONSULTANT'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 this Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by the CITY,the CONSULTANT shall give written notice of his claim within
fifteen (15) days after occurrence of such action. No claim for additional compensation
shall be valid unless so made.Any changes in the CONSULTANT's fee shall be valid only
to the extent that such changes are included in writing signed by the CITY and the
CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim
submitted by the CONSULTANT, all work required under this Agreement as determined
by the DIRECTOR shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition,if either party,by reason of any default, fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other .
party may terminate this Agreement. Notwithstanding the foregoing, or anything else to
the contrary in this Agreement, with the sole exception of an action to recover the monies
the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no
action shall be commenced by the CONSULTANT against the CITY for monetary
damages. CONSULTANT 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 50111, 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 CONSULTANT arising out of this Agreement
must be filed within one year of the date the alleged cause of action arose or the same will
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be time-barred. The provisions of this paragraph shall survive any expiration, completion
and/or termination of this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT 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
CONSULTANT in connection herewith, including negligence or omissions of employees
or agents of the CONSULTANT 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
paragraph shall survive any expiration, completion 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
CONSULTANT shall provide,maintain and pay for during the term of this Agreement the
following types and amounts of insurance:
A. Comprehensive Liability. 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 CONSULTANT shall deliver to the DIRECTOR a Certificate 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 shall include the contractual obligation assumed by the
CONSULTANT under Paragraph 10 entitled"Indemnification".
This insurance shall be primary and non-contributory 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.
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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 bodily injury and/or property damage.
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 CONSULTANT shall carry CONSULTANT's
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 claim.
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 CONSULTANT 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/AFFIRMITIVE ACTION
The Consultant will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, age, ancestry, order of protection
status, familial status, marital status, physical or mental disability, military status, sexual
orientation,or unfavorable discharge from military service which would not interfere with
the efficient performance of the job in question. Consultant shall take affirmative action
to comply with the provisions of Elgin Municipal Code Section 5.02.0404 and will require
any subcontractor to submit to the City a written commitment to comply with those
provisions. Consultant shall distribute copies of this commitment to all persons who
participate in recruitment, screening, referral and selection of job applicants and
perspective subcontractors. Consultant agrees that the provisions of Section 5.02.040 of
the Elgin Municipal Code, 1976,as amended,is hereby incorporated by reference, as if set
out verbatim.
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
race, color, religion, sex, national origin,age, ancestry, order of protection status, familial
status, marital status, physical or mental disability, military status, sexual orientation, or
unfavorable discharge from military service.
Any violation of this paragraph 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.
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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 CONSULTANT shall remain liable to the
CITY with respect to each and every item,condition and other provision hereof to the same
extent that the CONSULTANT 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 paragraph,sub-paragraph,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 paragraphs 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.
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22. NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONSULTANT 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 CONSULTANT shall cooperate with any other consultants in the CITY's employ or
any work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT 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 CONSULTANT 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 CONSULTANT to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. INTENTIONALLY OMITTED
27. WRITTEN COMMUNICATIONS
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All recommendations and other communications by the CONSULTANT 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 CONSULTANT 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 the CITY:
Maria Cumpata
Parks&Recreation Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to the CONSULTANT:
Paul Wiese
SmithGroup
35 East Wacker Drive#900
Chicago, Il 60601
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
CONSULTANT 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, CONSULTANT hereby certifies, represents and warrants to the CITY that
all CONSULTANT'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.CONSULTANT 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 CONSULTANT to determine CONSULTANT's compliance with the
provisions of this paragraph. In the event the CITY proceeds with such an audit the
CONSULTANT shall make available to the CITY the CONSULTANT's relevant records
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at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any
such audit.
30. COUNTERPARTS AND 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. This Agreement may be executed
electronically, and any signed copy of this Agreement transmitted by facsimile machine or
email 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.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement effective as of the date and year first written above.
CITY OF
By:
v
Richard G. Kozal, City Manager,
Att st:
ity Clerk
CONSULTANT:
SmithGroup,Inc.
By:
P4&4�4
Name/Print: Paul J. Wiese
Title: Vice President
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ATTACHMENT A
SCOPE OF SERVICES
June 16,2022
Maria Cumpata
Parks and Recreation Director
City of Elgin
100 Symphony Way
Elgin, Illinois 60120
RE: Proposal
Elgin Sports Complex Expansion
Dear Maria:
On behalf of SmithGroup, Inc.,("SmithGroup") I am pleased to submit this proposal to the City of Elgin (COE or Client or
Owner)for the Phase 1 expansion of the Elgin Sports Complex(Sports Complex). The following is our understanding of
the services which are to be provided.
UNDERSTANDING OF THE PROJECT
COE has requested a proposal for design services to complete the initial phase of the Sports Complex based on a
concept design created by SmithGroup dated June 2021. The scope includes lighted and fenced synthetic turf fields,
an access drive connecting the existing complex with State Street, parking,walks and trails,and stormwater
management.A restroom facility may be included as a bid Alternate.
From an environmental perspective,the site received a No Further Remediation (NFR)designation by IL EPA for
industrial/commercial uses in 2007. For athletic field and park use,the site will require modification of the previous NFR
by IL EPA to a residential standard.This proposal includes services to initiate this process with IL EPA.
1. Project includes services for topo survey update, preliminary environmental engineering, and Schematic
Design.
2. Once the services included in this proposal are completed and reviewed/approved by COE, a separate
proposal for final environmental and final site development engineering, permitting and construction phase
services will be developed.
3. The construction budget has not been confirmed. SmithGroup completed an Opinion of Construction Cost in
June 2021 that was between$7,000,000 and$8,000,000.The scope contained herein includes an updated
Opinion of Probable Construction Cost based upon the Preferred Schematic Design Plan.
For the purposes of clarification,the Phase 1 services described below shall be provided for the entirety of the
approximately 87-acre expansion area and the Phase 2 services described below shall be provided for and relate to the
Phase 1 expansion.
SCOPE OF SERVICES
PHASE 1: BACKGROUND INFORMATION
Upon receiving Notice to Proceed from COE, SmithGroup will complete the following tasks:
Task 1.1 —Survey
COE completed a boundary survey and partial topo survey in 2016. SmithGroup will procure the services of a surveyor
acceptable to the COE and update the boundary and topo surveys.
Task 1.2—Phase 1 Environmental Site Assessment(ESA)
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The Phase 1 ESA completed by COE prior to acquisition of the property has expired and a new Phase 1 ESA is
required by IL EPA. The purpose of the Phase 1 ESA is to determine the location of potential sources of Recognized
Environmental Conditions(RECs)within the subject property.We will conduct a Phase 1 ESA in accordance the
requirements of American Society for Testing and Materials(ASTM) Standard El527-21 and 40 CFR Part 312-
"Innocent Landowners, Standards for Conducting all Appropriate Inquires"(AAI) requirements and guidelines.The
Phase 1 ESA will be conducted and supervised by an environmental professional,who meets the definition of 40 CFR
Part 312.21 and will include applicable requirements of the 40 CFR 312.
1.2.1 -Regulatory Background Review—We will obtain and review a copy of the federal,tribal,and state government
records or databases radius map. We will use the street address of the property as the center of the search radius and
will collect the following information:
•National Priority List(NPL)and State Priority List(SPL)for properties within a one(1) mile search distance of the
property.
•Delisted NPL sites(one-half mile).
•Federal and State Equivalent Comprehensive Environmental Response Compensation and Liability Information
System(CERCLIS)and state landfill and/or solid waste disposal list properties(SWLF)within a one-half(%) mile search
distance of the property.
• Former CERCLIS sites with no further remedial action notices(one-half mile).
• Resource Conservation and Recovery Act(RCRA)Notifiers List for generators at and adjoining the property.
• RCRA CORRACTS Treatment, Storage,and/or Disposal (TSD) properties within a one(1)mile search distance of the
property.
•Records of federally permitted,tribal-permitted,or state-permitted (or registered)landfills and solid waste management
facilities(one-half mile).
•Non-CORRACTS TSDs within a one-half(%)mile search distance to the property.
•Federal Emergency Response Notification list properties(ERNs),Toxic Substance Control Act(TSCA), PCB Activity
Database System(PADS), and FINDS list properties for the property only.
•State list of registered underground storage tanks(USTs)for USTs properties within a one-quarter('/4)mile search
distance of the property.
•State list of reported leaking underground storage tank(LUST) incidents for LUST properties within a one-half('/2) mile
search distance of the property.
• Federal and State Site Remediation Program (SRP) Lists for properties within one half(1/2) mile radius from the site.
• Registries or publicly available lists of engineering controls(one-half mile).
•Brownfields and Brownfield SRP, and Institutional Control Brownfield Lists for properties within one half(1/2)mile
radius from the site.
•Former Manufactured Gas Sites Lists properties within one(1)mile radius from the site.
•Environmental cleanup liens against the subject property that are filed or recorded under federal,tribal,state,or local
law.
1.2.2-Review Historical Aerial Photographs and Sanborn Maps—We will review available historical aerial
photographs and Historic Sanborn Maps for the property and adjoining properties. We will utilize the services of private
or public agencies which specialize in providing this type of service.This may include, but is not limited to,the local
County or Township Assessor's office,the local office of the United States Natural Resource Conservation Service, and
the COE Planning and Zoning Department.We will not perform a chain-of-title search for the site as part of this project
unless one is provided by the Client.
1.2.3-Review Geological and Hydrological Information—We will request information from the Illinois State
Geological Survey and the Illinois State Water Survey regarding geologic and water well records within a one-mile
radius of the property, respectively. We will also review the United States Geological Survey(USGS)topographic 7.5-
minute maps and wetland maps to evaluate the area, regional topography and drainage features.We will attempt to
determine the local and regional groundwater flow direction at the property.
1.2.4-Regulatory Records Review—We will submit a Freedom of Information Act(FOIA)request to the US EPA, IL
EPA, and the COE requesting copies of their records concerning the site and adjoining properties.
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1.2.5-Site Reconnaissance—We will perform a site reconnaissance of all accessible areas of the site and adjoining
properties within one week of the NTP.We will coordinate the site reconnaissance schedule and site access with the
Client.We will inspect the adjoining properties from the site and public points of view in an effort to identify any potential
source of environmental concern to the site posed by adjoining properties.We will note the site condition,topography,
location of stained or discolored soil and/or pavement, stressed vegetation,debris, underground utilities, pipelines,
drums and chemical containers, location of PCB-containing transformers,and any evidence of underground storage
tanks and above ground storage tanks.
1.2.6-Interviews-We will conduct interviews with owner,and others designated by the owner, of the subject property,
if available.The inquiry of the environmental professional shall include interviews concerning the use, storing,treating,
handling,or disposing of hazardous substances,or those who have likely done so in the past.
1.2.7-Report Preparation—We will prepare a Phase 1 report summarizing the site investigation findings and
providing conclusions and recommendations.The report will include a site map,copies of historic information, FOIA
requests and responses, and regulatory database search results.The report will include an opinion as to whether the
inquiry has identified conditions indicative of releases or threatened releases of hazardous substances,and will identify
data gaps that affect the ability of the environmental professional to identify conditions indicative of releases or
threatened releases of hazardous substances,will identify if the data gaps caused elimination of any potential
environmental conditions,and will include the qualifications of the environmental professional(s) participated in the
preparation of the Phase 1 ESA.
1.2.8-A title search or lien search/Environmental Liens/Activity Use Limitations will not be conducted unless one is
provided or requested by the Client.
Task 1.3—Illinois EPA Site Remediation Program(SRP)Activities
We will re-enroll the site with the Illinois EPA Site Remediation Program(SRP)in order to obtain a"Comprehensive No
Further Remediation" (NFR) letter for Residential Use for the site.We will complete the following activities:
1.3.1 -Enroll Site With Illinois EPA Site Remediation Program—We will prepare the SRP Application and Services
Agreement form(DRM-1),the subsequent Plan and Report review(DRM-2)forms,the required copies of the Phase 1
ESA Report and will submit them to the IL EPA along with a check for the amount of$500 to enroll the site with the IL
EPA SRP.We will also prepare the required IEPA DRM-2 form for each subsequent report submittal. We will submit a
copy of the DRM-2 form to the owner for signature prior to submitting the reports to the IEPA.
1.3.2-Comprehensive Site Investigation Plan—We will prepare a Supplemental Comprehensive Site Investigation
Plan in order to modify the use of the site from Industrial/Commercial to Residential use as required for the use of the
site as a Sports Complex.Additionally, per the IL EPA,since an NFR letter has been issued approximately 15 years
previously(2007), additional soil and groundwater(including soil gas)sampling and analysis will be required to establish
current site conditions in accordance with the existing clean up objectives and regulations and also to investigate any
new RECs that may have occurred since the issuance of the existing NFR.The plan will be provided to the IL EPA
Project Manager assigned to the site for the Agency's review and approval.
Note: We have spoken to the IL EPA Project Manager who was involved in the previous NFR and who is still active with
IL EPA.We will request this same IL EPA Project Manager be involved in modifying the NFR.
1.3.3—Ongoing IL EPA Communication—We will maintain communication with the IL EPA Project Manager on the
status of our application and any comments from IL EPA, including next steps.
Next Steps: Comprehensive site investigations(soil probes),quantity,depth and locations to be coordinated with IL
EPA; Prepare comprehensive site investigation report; Prepare remedial objectives report; Prepare remedial action
plan; Ongoing IL EPA communications. Because Next Steps require IL EPA guidance and approvals,a separate
proposal will be provided upon completion of Task 1.3.3.
Task 1.4—Wetlands verification
We are recommending a site investigation to verify if wetland areas or other regulated water features are on-site. If no
wetland areas are identified,a Negative Findings report will be provided.
If it is determined that wetland areas do exist on site,the on-site wetland boundaries,as well as identified off-site
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wetland boundaries within 100 feet of the site, will be marked with metal pinstakes in the field. Sample points and
floristic quality data will be taken in order to assess the vegetation,soils and hydrology within, and adjacent to,the on-
site wetlands.
Next Steps:A separate proposal will be provided if it is determined these wetland areas require modification, mitigation
and/or permitting as part of the Phase 1 site improvements.
Task 1.5—Site Investigation Coordination With the COE
SmithGroup will coordinate with the COE to complete potholing and investigative excavations at the site.The primary
purpose will be to observe the current conditions of the foundations/basements of the buildings previously occupying the
site. SmithGroup will photo document the findings.
Task 1.6—Kick-Off Meeting and Site Visit
SmithGroup will meet with COE to confirm project objectives,communication protocols,the project schedule and key
milestones will be established.
SmithGroup will visit the site to observe the current conditions of the property including the existing topography and
vegetation. SmithGroup will advise COE of any concerns or changed conditions that may impact the execution of the
Phase 1 site improvements.
PHASE 2: SCHEMATIC DESIGN
Task 2.1—Program and Vision Confirmation
SmithGroup will meet with COE to determine the new facilities desired including the quantity and size of the field(s),
field amenities including lighting and light levels,fencing and security,access and parking,support facilities including
restrooms,concessions,shade, utility equipment and storage,walks and trails,tree preservation and stormwater
management.
SmithGroup will meet with COE to confirm the vision for the project.Vision relates to character, appearance and quality
of the facilities. SmithGroup will share images of similar facilities to discuss likes and dislikes of each to reach a
common understanding of the Client's vision.
SmithGroup will prepare a narrative summarizing the Program and Vision for the project.
Task 2.2—Schematic Design Alternatives and Client Review Meeting
SmithGroup will prepare up to three refinements to Attachment A that address the program and vision from Task 2.1
SmithGroup will review the alternatives with COE.
Task 2.3—Preferred Schematic Design and Opinion of Probable Construction Cost
Based upon the outcomes from the previous task, SmithGroup will prepare Preferred Schematic Design Plans.The
plans will address site preparation,athletic field and hardscape layout and materials,grading and drainage, lighting and
support facilities.The deliverable will be at an approximate 30%level of completion,A Table of Contents for technical
specifications will be provided.
SmithGroup will develop an Opinion of Probable Construction Cost based upon the Preferred Schematic Design Plans.
The Opinion will be used as the basis for establishing base bid scope and potential Alternates.
A rendered site plan will be provided. 3-D renderings are excluded.
Task 2.4—Client Review Meeting
SmithGroup will meet with COE for a review meeting. The drawings and probable costs will be presented to COE staff
to discuss the design and obtain Client approval. The meeting can be virtual or in-person as needed.
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Task 2.5—Engagement with Regulatory Agencies
With COE's authorization, SmithGroup will engage regulatory agencies for pre-application discussions including City of
Elgin and Kane County. SmithGroup will summarize the discussions with meeting notes.
Future Phases-Final Engineering and Permitting,Bid and Award,Construction Administration and
Observation,Close-Out
ASSUMPTIONS
SmithGroup will not have control or charge of and will not be responsible for construction means, methods,techniques,
sequences,or procedures,or for safety precautions and programs in connection with the work,or for the acts or
omissions of the Contractor, Subcontractors or any other persons performing any of the work,or for the failure of any of
them to carry out the work in accordance with the Contract Documents.
This proposal does not include services beyond the Schematic Design phase.
This proposal does not include 3D renderings and may be added at COE's request through a contract amendment.
This proposal is based on 2022 rates and assumes the scope of services contained herein are completed in 2022.
PREPARATION OF DIGITAL DATA
In the event SmithGroup is requested to prepare digital data for transmission to the Owner's consultants,contractors or
other Owner authorized recipients("Digital Data"),the Owner acknowledges that due to the limitations of the digital data
software, not all elements of SmithGroup's services may be represented in the Digital Data,this being in the sole
discretion of SmithGroup. Accordingly, although SmithGroup will endeavor to represent all material elements of
SmithGroup's services in the Digital Data, any use shall not relieve the Owner's consultants,contractors,or other
Owner authorized recipients or their respective obligations, The Owner agrees that it will include this provision in any
agreements with its consultants,contractors,or other Owner authorized recipients,in which Digital Data is provided.
OWNER RESPONSIBILITIES
COE will provide available site information and data including record drawings, property and parcel boundaries, utility
information and other documentation.
COE will prepare the Procurement, Contracting, and General Requirements sections(known as Divisions 00 and 01)of
the project manual.
COE will provide the bid advertisement and facilitate the pre-bid conference, bid opening, and contract award.
SCHEDULE
Preliminary schedule attached as Attachment B.
CONSULTANTS
SmithGroup anticipates using the following consultant(s)for this project.The costs will be borne by SmithGroup and are
included in SmithGroup fees.
GSG Consultants, Inc.for Environmental Services
ENCAP, Inc.for Wetland/Ecological Services
A surveyor to provide boundary and topographic surveys will also be necessary.The scope of these surveys is under
development pending receipt of past survey information from the COE's previous surveyor. We have included a not-to-
exceed amount in the Reimbursable Consultants section below for boundary and topographic surveys.
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PROFESSIONAL SERVICES FEE
COE shall compensate SmithGroup for the scope of services outlined above as follows,expenses included:
Environmental services: $ 12,500
Ecological Services: $ 2,500
Engineering Fees: $77,500
Fixed Fee Lump Sum Total: $92,500
REIMBURSABLE CONSULTANTS
In addition to the fee indicated above,the following costs shall be reimbursable:
1. Survey consultant.
2. Employment of,with client's prior approval,special consultants other than those listed in this proposal.
We recommend a not-to-exceed budget of$67,500 for reimbursable consultants.
ADDITIONAL SERVICES
Requests for additional services or staff will be documented by SmithGroup(if given verbally),and the work will
commence upon COE approval of an estimated fee for that effort or, if not agreed otherwise,The COE shall reimburse
SmithGroup on an hourly basis of SmithGroup's project staff actively engaged for all personnel hours worked on the
project.
PAYMENTS
Invoices will be prepared monthly on the basis of percentage of completion.
CLOSING
We understand COE will provide an Agreement containing Terms and Conditions.
We appreciate the opportunity to assist COE with this exciting project.
Sincerely,
P4&v-��
Paul J.Wiese
Vice President
Attachment'B'—Schedule
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ATTACHMENT B
PROJECT SCHEDULE
See next page.
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