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HomeMy WebLinkAbout23-195Resolution No. 23-195 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH US 20 — LONGCOMMON PARKWAY TO COOMBS ROAD INITIAL PHASE I ENGINEERING 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 US 20 — Longcommon Parkway to Coombs Road initial phase I engineering, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 25, 2023 Adopted: October 25, 2023 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 25th day of October , 2023, 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 US 20 - Longcommon Parkway to Coombs Road Initial Phase I engineering (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 thefollowing terms and conditions and stipulations, to -wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Public Works Director of the CITY, herein after referred to as the "DIRECTOR". B. The scope of work will include Initial Phase I engineering services to be completed for a corridor Phase I project that is anticipated to begin in entirety in 2024. These services will include but are not limited to the following tasks: data collection and review; survey; environmental evaluation; general meetings and coordination; and project administration. The remaining Phase I engineering services for this project are not included in this SCOPE OF SERVICES and will be negotiated as part of a separate agreement. 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. • City Council Approval — October 25, 2023 • Notice to Proceed --October 30, 2023 • Data Collection and Review — November 1, 2023 — November 30, 2023 • Survey — November 1, 2023 — December 31, 2023 • Environmental Evaluation — November 1, 2023 — December 31, 2023 • Meetings and Coordination — December 1, 2023 — January 31, 2024 • Project Administration. —November 1, 2023 — February 1, 2024 • Project Completion — February 1, 2024 B. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the rate of 3.15 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $66,776.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties. B. For outside services provided by other firms or subconsultants; the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 0%. The cost of any such outside services is included within the total not -to -exceed amount of $66,776.00 provided for in Section 4A above. C. The cost of any reimbursable expenses is included within the total not -to -exceed amount of $66,776.00 provided for in Section 4A above. -2- D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Date Estimated Percent Complete Estimated Invoice Value Estimated Value of Work Completed 11/30/2023 11.2% $7,487.00 $7,487.00 12/31/2023 82.1% $47,334 $54,821.00 01/31/2024 95.6% $9,048.00 $63,869.00 02/28/2024 100% $2,907.00 $66,776.00 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 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. - 3 - 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates, or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time -barred. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. -4- 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, 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 ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non -owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. - 5 - 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/AFFIRMATIVE ACTION The ENGINEER will not discriminate against any employer 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. ENGINEER shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. ENGINEER shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ENGINEER 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. 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. -6- 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 areinserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. -7- 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 beprovided by ENGINEER to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. -8- 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: Mike Pubentz, PE Public Works Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 29. COMPLIANCE WITH LAWS B. As to ENGINEER: Ajay Jain, PE, CFM Vice President — Practice Leader HR Green, Inc 1391 Corporate Drive, Suite 203 McHenry, Illinois 60050-5528 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. 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 facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 31. MISCELLANEOUS The additional work for the US 20-Longcommon Parkway Project authorized pursuant to this Agreement has been resubmitted for pricing pursuant to the request for proposals pricing process in the same manner for which the previous agreement between the City and the Engineer for the US 20-Longcommon Parkway to Coombs Road Project was priced and procured. This Agreement is in the best interest of the City of Elgin and is authorized by law. -9- 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: By A City Clerk FOR THE ENGINEER: By: Name/Pri Jain Title: Vice President — Practice Leader Legal Dept\Agreement\HR Green Agr-Phase I -US 20-Longcommon-Coombs-Redlined 10-3-23.docx -10- HRGreen ATTACHMENT A SCOPE OF SERVICES For US 20-Longcommon Parkway to Coombs Road Phase I Initial Engineering Services Mr. Mike Pubentz, PE Public Services Director City of Elgin 1900 Holmes Road Elgin, Illinois 60123-1200 Phone: 847.931.5968 Mr. Jack Melhuish, PE Senior Project Manager HR Green, Inc. 1391 Corporate Drive, Suite 203 McHenry, Illinois, 60050-5528 HR Green Project Number: 2202995.01 Revised September 28, 2023 Scope of Services US 20 — Longcommon Parkway to Coombs Road Phase I Initial Engineering September 28, 2023 Page 1 of 5 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS SCOPE OF SERVICES 4.0 ITEMS NOT INCLUDED IN SCOPE OF SERVICES/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 - CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE Versionl.0 070/2017 Scope of Services US 20 — Longcommon Parkway to Coombs Road Phase I Initial Engineering September 28, 2023 Page 2 of 5 THIS SCOPE OF SERVICES is to be provided by HR GREEN, INC. (hereafter "COMPANY") on behalf of the CITY OF ELGIN (hereafter "CLIENT") for the subject project. 1.0 Project Understanding 1.1 General Understanding COMPANY recently completed a Feasibility study on behalf of CLIENT for improving traffic operations, multi -modal operations, and safety for US 20 from Longcommon Parkway to Coombs Road. Please refer to Exhibit A-1 for project location. The feasibility study, which concluded in July 2023, identified a 4-lane concept that meets the long term vision for the corridor and will be carried forward for further analysis as part of the Phase I engineering. In general, this SCOPE OF SERVICES governs the Initial Phase I engineering services to be completed for a corridor Phase I project that is anticipated to begin in entirety in 2024. These services will include, but are not limited to, the following tasks: data collection and review; survey; environmental evaluation, general meetings and coordination; and project administration. The remaining Phase I engineering services for this project are not included in this SCOPE OF SERVICES and will be negotiated as part of a separate agreement. The Phase I engineering services will follow the applicable policies and procedures of the Illinois Department of Transportation (IDOT) Bureau of Local Roads (BLR) and Bureau of Design and Environment (BDE) manuals in order for future phases of the project to be eligible for Federal funding. However, the Phase I portion of the project will be entirely locally funded. 1.2 Design Criteria/Assumptions The following design guidelines will apply to this project: A. IDOT BLR and BDE Manuals (as applicable); B. IDOT Bridge and Culvert Manuals; C. IDOT Drainage Manual; D. City of Elgin Minimum Design Standards; E. Kane County Stormwater Management Ordinance; F. Highway Capacity Manual; and G. Manual on Uniform Traffic Control Devices. 2.0 Scope of Services COMPANY is the prime consultant providing the Phase I engineering services to CLIENT for this project and, as such, all services will be provided through COMPANY. Section 2 is narrated accordingly, though certain tasks may be performed by another or multiple members of the consultant team. CLIENT agrees to employ COMPANY to perform the following services: 2.1 Data Collection and Review A. COMPANY will request from IDOT a MFT section number for project identification and any available. existing plans for US 20. COMPANY will also request from IDOT and Versionl.0 07012017 Scope of Services US 20 — Longcommon Parkway to Coombs Road Phase I Initial Engineering September 28, 2023 Page 3 of 5 CLIENT any available traffic studies and/or development reports (not obtained or made available during the feasibility study) concerning the project area. These items will be reviewed by COMPANY for information pertinent to Phase I engineering. B. COMPANY will coordinate with the utility companies with facilities located within the project limits. COMPANY will update the CAD base map with the current utility information. C. COMPANY will request from the Kane County Sheriffs Office, IDOT, and City of Elgin Police Department, the most recent accident data to supplement the previously studied accident data as part of the Feasibility Study. The final deliverable will be for the most recent five (5) year period. 2.2 Survey Services A. Right -of -Way Survey B. Topographic Survey COMPANY will complete a roadway topographic survey within the project limits described above (ROW Survey) and as shown on Exhibit A-1. The topographic survey will include cross -sections at 50' intervals and extend a minimum of 25' beyond the existing ROW. The survey will include visible existing features and improvements. Existing utilities will be surveyed from visible flags or markings. Storm sewer, sanitary sewer and water main structures will be surveyed, including rim elevation, invert pipe size, direction and elevation as observed at unlocked manholes. Trees lying within the limits described above and having a diameter of six (6) inches or greater will be located, but the species will not be identified. The survey will reference existing NGS control stations, Illinois State Plane Coordinate System East Zone NAD83 (2011) and NAVD88 (US Survey Feet). 2.3 Environmental Evaluation Since CLIENT intends for future phases of the project to be eligible for Federal funding, the National Environmental Policy Act (NEPA) will apply to the environmental evaluation to be conducted as part of the Phase I engineering. The following is a summary of the environmental resources typically reviewed and the anticipated involvement for this project. A. ESR — An Environmental Survey Request (ESR) will be submitted to IDOT to encompass the expanded project limits. B. Cultural — The initial cultural review conducted during the Feasibility Study did not identify any historic properties. Cultural coordination will be conducted as part of the ESR and documented in the PDR. Photographs will be collected of typical adjacent properties and streetscape views. 2.4 General Meetings and Coordination COMPANY will attend the following additional meetings and field checks: 1. One (1) total, virtual coordination meeting with CLIENT (3 people). 2. One (1) total, virtual coordination meetings with IDOT (3 people); and 3. One (1) total, field check. Versior1.0 070/2017 Scope of Services US 20 — Longcommon Parkway to Coombs Road Phase I Initial Engineering September 28, 2023 Page 4 of 5 COMPANY will also conduct general coordination throughout the project with CLIENT and IDOT. This item includes, but is not limited to: letters, telephone, e-mail correspondence, and filing of information. This item also includes meeting preparation, the composition of meeting minutes for distribution to meeting attendees, and travel time to and from the meetings. 2.5 Project Administration COMPANY will conduct general project administration throughout the duration of the project, including management and oversight of the project team; periodic review of the project execution; document control; scope, schedule and budget monitoring; billing and invoicing; contract file management; and preparation of monthly progress reports. 3.0 Deliverables and Schedules Included in this SCOPE OF SERVICES 3.1 The following deliverable(s) will be generated for this project and are included in this SCOPE OF SERVICES: A. Environmental Survey Request; 3.2 This SCOPE OF SERVICES is based upon an assumed project duration of 4 months, commencing with COMPANY's receipt of written Notice to Proceed from CLIENT. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in SCOPE OF SERVICES/Supplemental Services The following items are not included as part of this SCOPE OF SERVICES: A. Noise Technical Memorandum; B. Wetland Delineation Report; C. Wetland Impact Evaluation forms; D. Section 4(f) reports (Mid -County Trail); E. Intersection Design Studies; F. Location Drainage Study and Hydraulic Report; G. Preliminary Typical Sections, Plan and Profiles and Cross -Sections; H. Project Development Report; I. Stakeholder Involvement Plan; J. Project Mailing List; K. Project Website; L. Fact Sheets; M. Public Information Meeting advertisements; N. Public Information Meeting notification letters; O. Responses to Public Information Meeting comments; and P. Public Information Meeting summaries. Versian1.0 07012017 Scope of Services US 20 — Longcommon Parkway to Coombs Road Phase I Initial Engineering September 28, 2023 Page5of5 Q. Plats of any nature and/or legal descriptions; R. Wire height survey; S. Roadway borings and/or Roadway Geotechnical Report; T. NRCS/IDOA coordination; U. Section 6(f) involvement; V. Preliminary Site Investigation; W. Press kit(s); X. Phase II engineering services, including detailed plans and/or specifications; Y. ROW negotiations and/or acquisition services; and Z. Construction layout and/or construction observation. Supplemental services not included in the SCOPE OF SERVICES can be provided by COMPANY under separate AGREEMENT, if desired. 5.0 Services by Others N/A 6.0 Client Responsibilities CLIENT will furnish and/or facilitate the furnishing of any available existing plans for US 20, as well as any available traffic studies and/or development reports relevant to the project. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on cost plus fixed fee Not to Exceed. 7.2 Invoices Invoices for COMPANY's services shall be submitted on a monthly basis. Invoices shall be due and payable upon receipt. 7.3 Extra Services Any service required but not included as part of this SCOPE OF SERVICES shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the SCOPE OF SERVICES. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment CLIENT AGREES to pay COMPANY on the following basis: Cost plus fixed fee Not to Exceed in the amount of $66,776.00, as detailed in Exhibit B. Versionl.0 070120'17 EXHIBIt "A:P /S ey Lfimllts us Rout ' Elgin "}' ' r #•:41-4 del 11k, .11‘4,6 • EXHIBIT B Local Public Agency City of Elgin Consultant / Subconsultant Name County Kane HR Green, Inc. OVERHEAD RATE COST ESTIMATE WORKSHEET EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET 181.58% COMPLEXITY FACTOR Section Number Job Number 0 TASK DIRECT COSTS (not included in row totals) STAFF HOURS PAYROLL OVERHEAD & FRINGE BENEFITS FIXED FEE SERVICES BY OTHERS TOTAL % OF GRAND TOTAL Data Collection and Review 52 2,380 4,322 785 7,487 11.21% Survey Services . 730 248 11,816 21,455 3,899 37,170 55.66% Environmental Evaluation 56 2,999 5,445 990 9,434 14.13% General Meetings and Coordination 20 35 2,870 5,211 947 9,028 13.52% Administration 14 924 1,678 305 2,907 4.35% Subconsultant DL Direct Costs Total =__> $0.00 $749.65 1.12% $749.65 TOTALS 4051 20,9891 38,111 I 6,9261 - 66,776 100.00% 59,100 Printed 9/28/2023 9:47 AM Page 1 of 1 BLR 05514 (Rev. 02/09/23) COST EST Local Public. Agency City of Elgin Consultant / Subconsultant Name HR Green, Inc. County Kane Section Number Job Number AVERAGE HOURLY PROJECT RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET _SHEET 1 OF 1 PAYROLL CLASSIFICATION AVG • TOTAL PROJ. RATES Data Collection and Review Survey Services Environmental Evaluation Genera! Meetings and Coordination Administration HOURLY RATES Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd .Avg Regional Director 86.00 12.0 2.96% 2.55 12 34.29% 29.49 Senior Project Manager - F 79.91 53.0 13.09% 10.46 4 7.69% 6.15 16 28.57% 22.83 23 65.71% 52.51 10 71.43% 57.08 Group Leader 77.50 8.0 1.98% 1.53 8 3.23% 2.50 Lead Engineer 60.91 0.0 Project Manager 60.67 0.0 Project Engineer II 49.20 0.0 Project Engineer I 42.56 40.0 9.88% 4.20 24 46.15% 19.64 - 16 28.57% 12.16 Staff Engineer II 38.10 0.0 Lead Environmental Planne 60.71 0.0 Practice Advisor 46.09. 0.0 Project Land Surveyor II 52.25 40.0 9.88% 5.16 40 16.13% 8.43 Staff Land Surveyor III 45.53 200.0 49.38% 22.48 200 80.65% 36.72 Senior Design Technician 43.30 48.0 11.85% 5.13 . 24 46.15% 19.98 24 42.86% 18.56 Project Designer 53.91 0.0 Graphic Design Manager 46.63 0.0 Director of Marketing 86.00 0.0 Project Controls Analyst I 31.29 4.0 0.99% 0.31 4 28.57% 8.94 0.0 0.0 0.0 ' 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTALS 405.0 100% $51.82 52.0 100.00% $45.77 248.0 100% $47.64 56.0 100% $53.55 35.0 100% $82.00 14.0 100% $66.02 Printed 9/28/2023 9:47 AM Page 1 of 1 BLR 05514 (Rev. 02/09/23) AVG 1 Notice to Proceed: Data Collection and Review: Survey: Environmental Evaluation: Meetings and Coordination: Project Administration: Project Completion: ATTACHMENT B October 30, 2023 November 1, 2023 —November 30, 2023 November 1, 2023 — December 31, 2023 November 1, 2023 — December 31, 2023 December 1, 2023 — January 31, 2024 November 1, 2023 — February 1, 2024 February 1, 2024 ATTACHMENT C COST BREAKDOWN Task Cost Data Collection and Review $7,487.00 Survey Services $37,170.00 Environmental Evaluation $9,434.00 General Meetings and Coordination $9,028.00 Administration $2,907.00 Direct Costs $750.00 TOTAL $66,776.00