HomeMy WebLinkAbout23-9 Resolution No. 23-9
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BRADFORD
SYSTEMS CORPORATION FOR THE PURCHASE AND REPLACEMENT OF EVIDENCE
AND CELL PHONE STORAGE LOCKERS
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 a Purchase Agreement on behalf of the City of Elgin with
Bradford Systems Corporation, for the purchase and replacement of evidence and cell phone
storage lockers, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 25, 2023
Adopted: January 25, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 25th day of January ,
2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as "City") and Bradford Systems Corporation, an Illinois corporation, (hereinafter referred to as
"Bradford").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto
hereby agree as follows:
1. PURCHASE. City shall purchase, and Bradford shall sell the goods and/or services
described by Attachment A,attached hereto and made a part hereof.
2. TERMS. This agreement shall be subject to the price, terms and conditions
contained herein and as provided by Attachment A; and as provided by a joint purchase
agreement through Sourcewell, under contract 121919-KI1, incorporated herein by reference
(hereinafter referred to as the "JPA").
3. CONFLICT. In the event of any conflict between any of the terms and provisions of this
agreement and either Attachment A or the JPA, or any portion thereof, the terms and provisions
of this agreement shall supersede and control. In the event of a conflict between Attachment A
and the JPA,Attachment A shall supersede and control.
4. LAW/VENUE. This agreement is subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of
or in connection with this agreement shall be the Circuit Court of Kane County, Illinois.
Bradford hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County,
Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes
of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Bradford
agrees that service by first class U.S. mail to Dave Bradford, 945 N. Oaklawn Ave., Elmhurst,
Illinois 60126 shall constitute effective service. Both parties hereto waive any rights to a jury.
5. NO MODIFICATION. There shall be no modification of this agreement, except in
writing and executed with the same formalities as the original.
6. MERGER. This agreement embodies the whole agreement of the parties regarding the
subject matter hereof. There are no promises, terms, conditions or obligations other than those
contained herein regarding the subject matter hereof, and this agreement shall supersede,
supplant and replace all previous communications, representations or agreements, either verbal,
written or implied between the parties hereto regarding the subject matter hereof.
7. INTEREST. Bradford hereby 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 to
which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the
Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois
Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall
survive any expiration,completion and/or termination of this agreement.
8. SEVERABILITY. The terms of this agreement shall be severable. In the event any of
the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable
for any reason,the remainder of this agreement shall remain in full force and effect.
9. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement,
it is expressly agreed and understood that in connection with the performance of this agreement,
Bradford 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, Bradford
hereby certifies, represents and warrants to the City that all of Bradford'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. Bradford 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
Bradford to determine Bradford's compliance with the provisions of this section. In the event the
City proceeds with such an audit, Bradford shall make available to the City Bradford's relevant
records at no cost to the City. City shall pay any and all costs associated with any such audit.
10. PAYMENT. City shall pay the total sum of$80,371.88. A non-refundable payment of
$26,790 shall be payable on or before thirty (30) days after the date of this agreement. An
additional payment of$26,790 shall be due and payable within thirty (30) days of shipment, and
the remainder of the aforementioned total sum of $26,791.88 shall be due and payable on or
before thirty (30) days of the completion of delivery and installation or upon receipt of invoice,
whichever is later. The aforementioned total sum is inclusive of all taxes. The City is a tax-
exempt municipality.
11. DELIVERY. Bradford shall complete delivery of all goods and/or shall provide all
services on or before March 1, 2023. installation or delivery date is approximate. Bradford shall
not be liable for delays in or failures of delivery due to changes requested by City, or force
majeure causes beyond its control. If shipment is delayed at the request of City, payment shall be
made by City as though shipment had been made as specified and for any reasonable and
demonstrable expenses incurred by Bradford due to City's request in delaying shipment.
12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this agreement. In no event shall City
be liable for any consequential, special or punitive damages, or any damages resulting from loss
of profit.
13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City
upon delivery of any applicable goods. All transportation and delivery shall be at Bradford's sole
expense.
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14. INDEMNIFICATION. To the fullest extent permitted by law, Bradford shall
indemnify, defend and hold harmless the City, its officers, employees, boards and commissions,
from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and
all other relief or liability arising out of or resulting from or through or alleged to arise out of any
acts or negligent acts or omissions of Bradford or Bradford's officers, employees, agents or
subcontractors in the performance of this agreement, including but not limited to, all goods
delivered or services or work performed hereunder. 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.
15. 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 which may be signed electronically or 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.
16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,
punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any
rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall
not be construed as, a waiver of any such rights.
17. LIMITATION OF ACTIONS. Bradford shall not be entitled to, and hereby waives,any
and all rights that it might have to file suit or bring any cause of action or claim for damages
against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and
commissions of any nature whatsoever and in whatsoever forum after two (2)years from the date
of this Agreement.
18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
19. NO WAIVER OF IMMUNITIES OR RIGHTS. This agreement is not intended and
shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities
afforded the City or its officials, officers, employees and/or agents pursuant to the Local
Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq.,
as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended,
and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in
such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims
asserted or which might be asserted against the City or its respective officials, officers,
employees and/or agents as a result of this agreement or any actions of the Parties pursuant to
this agreement.
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20. ENGINEERING. The proposal drawings and/or specifications of any quotation are
confidential engineering data, and represent Bradford Systems Corporation investment in
engineering skill and development, and remain the property of Bradford Systems Corporation.
All specifications and dimensions of proposal drawings are approximate, and are subject to
changes during detailed engineering.
21. INSURANCE. Bradford's employees who enter City's premises will have Workmen's
Compensation coverage in statutory limits and Bradford's automobiles will be covered by Public
Liability and Property Damage Insurance.
22. DAMAGE. After product delivery at site, any loss or damage by weather, other trades,
fire or other elements, shall be the responsibility of the City. The City shall hold Bradford
harmless for loss for such reasons.
23. COMPLETION. Installation shall be deemed completed upon acceptance or use of any
equipment by City.
24. SPACESAVER WARRANTY. A 5-year standard warranty and ]-year scheduled
maintenance are included with installation. Extended warranty and maintenance agreements are
available upon request.
25. SPACESAVER SYSTEM TRAINING & ORIENTATION. Bradford offers training
to all potential users to insure safe and efficient system operation upon the City's request.
The person signing this agreement certifies that s/he has been authorized by Bradford to
commit Bradford contractually and has been authorized to execute this agreement on its behalf.
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first
above written.
BRADFORD SYSTEMS CORPORATION CITY OF ELGIN
Print Name Richard oza- , City N&rMger
Signature A"ITEST
Title rit7y Clerk
Legal Dept\Agreement\Bradford Systems-Purchase Agr-PD Evidence Lockem 10-1 8-22.docx
4
ATTACHMENT A
B R A D F 0 R D
S Y S T E M S
Elgin Police Department
Evidence Lockers
Prepared for:
Stacey Rivas
Elgin Police Department
151 Douglas Avenue
Elgin, IL 60120
Submitted by:
Dave Bradford
847.344.8989
dave'n.bradfordsystems.com
September 9,2022
BSC Project#39383
Bradford Systems Corporation is a qualified Sourcewell Contract provider and is proposing
the following Spacesaver equipment and related services through:
Contract# 121919-KII
Corporate Headquarters Indiana Office Central Illinois Wisconsin Office Missouri Office
945 North Oaklawn Ave 6231 Coffman Rd 125 Thunderbird Lane 201 North Main Street 10979 Lin Valle Drive
Elmhurstt,IL 60126 Indianapolis,IN 46268 East Peoria.,IL 61611 Fort Atkinson,WI 53538 Saint Louis,MO 63123
630.350.3453 office 317.895.0670 office 636.343.1515 office 630.350.3453 oll ice 636.343.1515 office
630.350.3454 fax 317.895.0672 fax 636.343.3588 fax 630.350.3454 fax 636.343.3588 fax
1 �
B R A D F 0 R D
S Y S T E M S
Elgin Police Department
Evidence Lockers
Project 939383
Evidence Lockers Storage Solutions:
Pass-thru Evidence Lockers Consists of:
• (1)ED3P02 Pass-thru evidence locker, 36"W x 24"D X 82"H
• Locker ED3P02 has 1 "A"door and 4"E"doors
• (1)ED3P03 Pass-thru evidence locker#ED3NO3,36"W x 24"D X 82"H
• Locker ED3P03 has 1 `B"door, 1 "D"door, 1 "E"door and 2"F"doors
• (1) ED3PO4 Pass-thru evidence locker,36"W x 24"D X 82"H
• Locker ED3PO4 has 1 "D"door with Digilock, 1 "D"door, 1 "E"door with mail slot, 1 "E"
with Digilock and 2"E"doors
• (1)ED3P07 Pass-thru evidence locker, 36"W x 24"D X 82"H
• Locker ED3P07 has 2"E"doors with Digilock and 6"E"doors
• (1)ED3P61 Pass-Thru Evidence Locker#ED3P61, 36"W x 24"D X 82"H
Locker ED3P61 has 1 "A"door with half height refrigerator with 6 compartments, 2"F"doors
with USB ports,2"F"doors with USB ports and Digilocks,and 2"E"doors with USB ports
Door Sizes:
• "B"door, 14-9/16"wide x 74-5/8"high
• "D"door, 14-9/16"wide x 37-3/16"high
• "E"door. 14-9/16"wide x 18-l 5/32"high
• "F"door, 14-916"wide x 9-7/32"high
Temporary Evidence Lockers Consists of:
• (1)DUI one column 3-tier locker; 12"W x 18"D x 72"H
• (2)DU2 one column 3-tier locker; 15"W x 18"D x 72"H
• (1)DU3 one column 1-tier locker; 15"W x 18"D x 72"H
• (1)DU4 one column 2-tier locker; 12"W x 18"D x 72"H
• (1)DU5 one column 3-tier locker; 15"W x 18"D x 72"H
• 15 Digilocks Numeris Aspire
• 15 Number tags— 1 per locker
• Frame,shelves and doors are steel.
• 4"H Steel bases
• The welded frame must consist of top,bottom,back, and sides constructed of a minimum
of 18-gauge steel.All frame components shall be joined using resistance welding.
• Multi-tier lockers shall include a fixed position shelf or shelves to separate the tiers.Shelf
shall be constructed of a minimum of 18-gauge steel. Shelf shall be mechanically fastened
to interior locker sides using a locking lance feature.
• See drawing for plan and elevation details
www.BradfordSystems.com Page 3 September 9,2022
BRAD FORD
S Y S T E M S
Elgin Police Department
Evidence Lockers
Project#39383
Wire Cage(Off Contract)Evidence Storage Consists of:
• (1) Wire cage with one door,48"W x 60"D x 90"H
• (1)Wire cage with double doors,48"W x 60"D x 90"H
• Each door will have an electric strike and 10 digit key pad
• Includes bottom panels and wire mesh backs
• Finish—Powder Coat Gray
• See drawing for plan and elevation details
Project Investment:
Storage Materials List $88,314.50
Less Storage Discount -$37.647.79
Storage Materials Net $50,666.71
Material Surcharge $11,895.17
Total Materials with Surcharge $62,561.88
Off Contract Materials $10,160.00
Installation $6,340.00
Freight $1,310.00
Total $80,371.88
Notes:
1. The above quote is based on the drawings.
w,NN,w.BradtordSystcros.com Page 4 September 9,2022
B R A D F 0 R D
5 Y 5 1 L M 5
Elgin Police Department
Evidence Lockers
Project#39383
1. Purchase orders should be made out to the following:
Bradford Systems Corporation
945 North Oaklawn Avenue
Elmhurst,IL 60126
2. Purchase orders may be sent via:
• Email: purchaseorders a bradfordsystems.com
• USPS:945 North Oaklawn Avenue,Elmhurst,IL 60126
• Facsimile:(630)350-3454
3. Please send the following in conjunction with your purchase order:
• Reference BSC project#39383 on your purchase order
• Project Information Sheet
• Signed copy of the proposal and project drawings
w%%,w.BradfordSyStems.com Page 5 September 9,2022
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Room:EVIDENCE LOCKERS
i
182"REQUIRED WIDTH OPENING
180"
36" 36" 36" 36" 36"
24" OI 03 04 07 61 2q"
EVIDENCE LOCKERS
18 15132" 18 15/32" i
9 7 "
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82" 83"R.O. 74 5/8" 9 7132"32
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USB PORTS INSIDE
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9 7J32" 40 9/16" 41 9/16"
18 15/32" 18 15/32" ' �"
82" 83"R.O. 82" 83"R.O. 82" a
16 15/32" HALF HEIGHT FRIDGE
6 COMPARTMENTS 1"
37 3116" 41 7/16" p
18 15/32"
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Prolact Name:Elgin PD-Evidence Lockers Project R: APPROVAL
39383 This drawing Approved By:
B R A D F 0 R D Drawn by: r
Salesperson: Suk Rev level: RM
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DOORS 35 3/4"
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LOCKERS4" 35 3/4"
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19" 9 YDO 110 L
LOCKERS#2 LOCK OPTIONS: LOCK OPTIONS:
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(SHARED) (SHARED)
TEMPORARY EVIDENCE LOCKERS
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Resolution No. 23-60
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY ENGINEERING
SERVICES AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. FOR
CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2023
PROVIDENCE 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 a Local Public Agency Engineering Services Agreement
on behalf of the City of Elgin with Gewalt Hamilton Associates, Inc., for construction engineering
services in connection with the 2023 Providence resurfacing project, a copy of which is attached
hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 12, 2023
Adopted: April 12, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Ilrnois Department Local Public Agency
of Transportation Engineering Services Agreement
Agreement For A reement Type
Using Federal Funds?❑ Yes ❑x No MFT CE V1Original
LOCAL PUBLIC AGENCY
Local Public Agency County Section Number Job Number
Elgin Kane v1 23-00201-00-RS N/A
Project Number Contact Name Phone Number Email
N/A Mike Pubentz, PE (847) 931-5968 pubentz_m@cityofelgin.org
SECTION PROVISIONS
Local Street/Road Name Key Route Lenten th Structure Number
See Attached List
Location Termini Add Location
Remove Location
Project Description
Pavement removal; removal and replacement of concrete curb & gutter at various locations; sidewalk removal
and replacement; ADA accessible route improvements; drainage and utility structure adjustments; driveway
pavement removal and replacement; hot-mix asphalt binder and surface course installation; parkway restoration;
and other associated improvements.
Engineering Funding ❑x MFT/TBP ❑x State ❑ Other Rebuild Illinois Grant (RBI
Anticipated Construction Funding ❑ Federal ❑x MFT/TBP ❑x State ❑ Other lRebuild Illinois Grant (RBI)
AGREEMENTFOR
❑x Phase III-Construction Engineering
CONSULTANT
Prime Consultant Firm Name Contact Name Phone Number Email
Gewalt Hamilton Associates, Inc. Carissa Smith, PE (847) 821-6259 csmith@gha-engineers.com
Address Ci State Zip Code
625 Forest Edge Drive Vernon Hills IL 60061
THIS AGREEMENT IS MADE between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain professional
engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois
under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT,"will be used entirely or in
part to finance ENGINEERING services as described under AGREEMENT PROVISIONS.
Since the services contemplated under the AGREEMENT are professional in nature,it is understood that the ENGINEER,acting as an
individual, partnership,firm or legal entity,qualifies for professional status and will be governed by professional ethics in its relationship to
the LPA and the DEPARTMENT.The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an
AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations.
WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean:
Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of
Transportation
Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the
construction PROJECT
In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities
Contractor Company or Companies to which the construction contract was awarded
Completed02/24/23 Page 1 of 9 BLR 05530(Rev.07/08/22)
City of Elgin
2023 Providence Resurfacing Project
Section: 23-00201-00-RS
Description of Work
2023 Providence Resurfacing Project
City of Elgin
Section#:23-00201-00-RS
The following is a list of streets including limits, lengths, area and a brief description of scheduled improvements:
Street From/To Length Area
Copper Springs Lane Weymouth Ave to South St 2,180 FT(0.41 miles) 6,654 SY
Cranston Avenue Settlers Pkwy to Settlers Pkwy 768 FT(0.14 miles) 2,365 SY
Cranston Avenue Settlers Pkwy to Longcommon Pkwy 385 FT(0.07 miles) 1,319 SY
Red Rock Lane South St to Weymouth Ave 2,177 FT(0.41 miles) 6,870 SY
Settlers Parkway West End to Settlers Pkwy 1,980 FT(0.38 miles) 6,776 SY
Settlers Parkway Settlers Pkwy to Cranston Ave 1,514 FT(0.29 miles) 4,612 SY
Wayland Avenue Settlers Pkwy to Settlers Pkwy 670 FT(0.13 miles) 2,095 SY
Weymouth Avenue Copper Springs Ln to Chalkstone Ave 2,185 FT(0.41 miles) 6,866 SY
Totals: 11,859 FT(2.25 miles) 37,557 SY
The above street segments will include roadway resurfacing, asphalt pavement patching, removal and replacement of
concrete curb&gutter, removal and replacement of PCC sidewalk, sidewalk intersection improvements for ADA compliance,
driveway adjustments,sodding, and other associated improvements.
AGREEMENT EXHIBITS
The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT:
RI EXHIBIT A: Scope of Services
❑x EXHIBIT B: Project Schedule
❑x EXHIBIT C: Qualification Based Selection(QBS)Checklist
XJ EXHIBIT D: Cost Estimate of Consultant(CECS)Services Worksheet(BLR 05513 or BLR 05514 )
❑ EXHIBIT : Direct Costs Check Sheet(attach BDE 436 when using Lump Sum on Specific Rate Compensation)
Fx� EXHIBIT E- Project Location Map
El
El
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with
the proposed improvements herein before described.
2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff
hours. If higher-salaried personnel of the firm, including the Principal Engineer,perform services that are to be performed by
lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work
performed.
3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections
required as a result of the ENGINEER'S error,omissions or negligent acts without additional compensation.Acceptance of work
by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such
errors or omissions or the responsibility for clarifying ambiguities.
4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes,and the local laws or
ordinances of the LPA.
5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA.
6. To invoice the LPA,The ENGINEER shall submit all invoices,based on the ENGINEER's progress reports,to the LPA employee
In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work to date. Such
invoices shall represent the value,to the LPA of the partially completed work,based on the sum of the actual costs incurred,plus
a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work.
7. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of
this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US
Department of Transportation(US DOT)assisted contract.Failure by the Engineer to carry out these requirements is a material
breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems
appropriate.
8. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties
without written consent of the LPA.The consent to sublet,assign or otherwise transfer any portion of the services to be furnished
by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
9. For Construction Engineering Contracts:
(a)For Quality Assurance services,provide personnel who have completed the appropriate STATE Bureau of Materials
QC/QA trained technical classes.
(b)For all projects where testing is required,the ENGINEER shall obtain samples according to the STATE Bureau of
Materials"Manual of Test Procedures for Materials,"submit STATE Bureau of Materials inspection reports;and verify
compliance with contract specifications.
10. That engineering services shall include all equipment, instruments,supplies,transportation and personnel required to perform the
duties of the ENGINEER in connection with this AGREEMENT(See DIRECT COST tab in BLR 05513 or BLR 05514).
II. THE LPA AGREES,
1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the
Professional Services Selection Act(50 ILCS 510)(Exhibit C).
2. To furnish the ENGINEER all presently available survey data, plans, specifications,and project information.
3. For Construction Engineering Contracts:
(a)To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental
PROJECT activities.
(b)To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized.
4. To pay the ENGINEER:
(a)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be
equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER.
(b)Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and
reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as
Completed02/24/23 Page 2 of 9 BLR 05530(Rev.07/08/22)
determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
shall be due and payable to the ENGINEER.
(c)For Non-Federal County Projects-(605 ILCS 5/5-409)
(1)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
LPA,monthly payments for the work performed shall be due and payable to the ENGINEER. Such payments to be
equal to the value of the partially completed work in all previous partial payments made to the ENGINEER.
(2)Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and
reports have been made and accepted by the LPA and STATE,a sum of money equal to the basic fee as
determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
shall be due and payable to the ENGINEER.
5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the
following compensation method as discussed in 5-5.10 of the BLR Manual.
Method of Compensation:
❑ Percent
❑ Lump Sum
❑ Specific Rate
❑x Cost plus Fixed Fee: Fixed
Total Compensation=DL+DC+OH+ FF
Where:
DL is the total Direct Labor,
DC is the total Direct Cost,
OH is the firm's overhead rate applied to their DL and
FF is the Fixed Fee.
Where FF=(0.33+R)DL+%SubDL,where R is the advertised Complexity Factor and%SubDL is 10%profit
allowed on the direct labor of the subconsultants.
The Fixed Fee cannot exceed 15%of the DL+OH.
Field Office Overhead Rates: Field rates must be used for construction engineering projects expected to exceed one
year in duration or if the construction engineering contract exceeds$1,000,000 for any project duration.
6. The recipient shall not discriminate on the basis of race,color,national original or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.The recipient shall take
all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US
DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.).
Ill. IT IS MUTUALLY AGREED,
1. To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to
verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General,
and the DEPARTMENT;the Federal Highways Administration(FHWA)or any authorized representative of the federal
government,and to provide full access to all relevant materials. Failure to maintain the books,records and supporting documents
required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the
DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support
their purported disbursement.
2. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the DEPARTMENT,
and their officers, agents and employees from all suits, claims, actions or damages liabilities, costs or damages of any nature
whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the
ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error
or omission if notification is not successful; if the ENGINEER fails to reply to a notification;or if the conditions created by the error
or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and
reasonable notice is not practicable.
3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known
post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings,plats, surveys,
reports, permits,agreements,soils and foundation analysis, provisions,specifications, partial and completed estimates and data
Completed02/24/23 Page 3 of 9 BLR 05530(Rev.07/08/22)
if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the
LPA.The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to
the date of the written notice of termination.
4. In the event that the DEPARTMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is
suspended by the LPA for more than thirty(30)calendar days,consecutive or in aggregate,over the term of this AGREEMENT,
the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of
suspension. In addition,upon the resumption of services the LPA shall compensate the ENGINEER,for expenses incurred as a
result of the suspension and resumption of its services,and the ENGINEER's schedule and fees for the remainder of the project
shall be equitably adjusted.
5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until
the completion of construction of any phase of professional services performed by others based upon the service provided herein.
All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional
services are not commenced within 5 years after final payment by the LPA.
6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT,
and their officers,employees from all suits,claims,actions or damages liabilities,costs or damages of any nature whatsoever
resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
7. The ENGINEER and LPA certify that their respective firm or agency:
(a)has not employed or retained for commission, percentage, brokerage,contingent fee or other considerations, any firrr
or person(other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure this
AGREEMENT,
(b)has not agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services
of any firm or person in connection with carrying out the AGREEMENT or
(c)has not paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for
the LPA or the ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with,
procuring or carrying out the AGREEMENT.
(d)that neither the ENGINEER nor the LPA is/are not presently debarred,suspended, proposed for debarment,declared
ineligible or voluntarily excluded from covered transactions by any Federal department or agency,
(e)has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered
against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or
performing a public(Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission
of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements or receiving
stolen property.
(f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal, State,or
local)with commission of any of the offenses enumerated in paragraph(e)and
(g)has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal,State,
local)terminated for cause or default.
Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification,an explanation shall be
attached to this AGREEMENT.
8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no
claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining
services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within
six months after the specified completion date. Examples of unforeseen causes included but are not limited to:acts of God or a
public enemy;acts of the LPA, DEPARTMENT<or other approving party not resulting from the ENGINEER's unacceptable
services;fire;strikes;and floods.
If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to
the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly.
9. This certification is required by the Drug Free Workplace Act(30 ILCS 580).The Drug Free Workplace Act requires that no
grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of
any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace.False
certification or violation of the certification may result in sanctions including, but not limited to suspension of contract or grant
payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for al
least one(1)year but not more than (5)years.
For the purpose of this certification,"grantee"or"Contractor'means a corporation, partnership or an entity with twenty-five(25)or
more employees at the time of issuing the grant or a department,division or other unit thereof,directly responsible for the specific
performance under contract or grant of$5,000 or more from the DEPARTMENT,as defined the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a)Publishing a statement:
(1)Notifying employees that the unlawful manufacture,distribution,dispensing, possession or use of a
controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2)Specifying the actions that will be taken against employees for violations of such prohibition.
(3)Notifying the employee that,as a condition of employment on such contract or grant,the employee will:
(a)abide by the terms of the statement; and
(b)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five(5)days after such conviction.
Completed02/24/23 Page 4 of 9 BLR 05530(Rev.07/08/22)
(b)Establishing a drug free awareness program to inform employees about:
(1)The dangers of drug abuse in the workplace;
(2)The grantee's or contractor's policy to maintain a drug free workplace;
(3)Any available drug counseling,rehabilitation and employee assistance program;and
(4)The penalties that may be imposed upon an employee for drug violations.
(c)Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the
contract or grant and to post the statement in a prominent place in the workplace.
(d)Notifying the contracting or granting agency within ten(10)days after receiving notice under part(b)paragraph(3)of
subsection(a)above from an employee or otherwise receiving actual notice of such conviction.
(e)Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program.
(f)Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is
required and indicating that a trained referral team is in place.
Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act,
the ENGINEER, LPA and the DEPARTMENT agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the
essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the
ENGINEER for future projects.The ENGINEER will submit progress reports with each invoice showing work that was completed
during the last reporting period and work they expect to accomplish during the following period.
10. Due to the physical location of the project,certain work classifications may be subject to the Prevailing Wage Act(820 ILCS
130/0.01 et seq).
11. For Construction Engineering Contracts:
(a)That all services are to be furnished as required by construction progress and as determined by the LPA employee In
Responsible Charge.The ENGINEER shall complete all services herein within a time considered reasonable to the
LPA,after the CONTRACTOR has completed the construction contract.
(b)That all field notes,test records and reports shall be turned over to and become the property of the LPA and that
during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any
loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such
loss or damage shall be restored at the ENGINEER's expense.
(c)That any difference between the ENGINEER and the LPA concerning the interpretation of the provisions of this
AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the
ENGINEER,one member appointed by the LPA,and a third member appointed by the two other members for
disposition and that the committee's decision shall be final.
(d)That in the event that engineering and inspection services to be furnished and performed by the LPA(including
personnel furnished by the ENGINEER)shall,in the opinion of the STATE be incompetent employed on such work at
the expense of the LPA.
(e)Inspection of all materials when inspection is not provided a the sources by the STATE Central Bureau of Materials,
and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials
"Project Procedures Guide"and the policies of the STATE.
AGREEMENT SUMMARY
Prime Consultant(Firm)Name TIN/FEIN/SS Number Agreement Amount
Gewalt Hamilton Associates, Inc. 36-3426053 $183,545.00
Subconsultants TIN/FEIN/SS Number Agreement Amount
QA Material Testing Allowance $6,000.00
Subconsultant Total $6,000.00
Prime Consultant Total $183,545.00
Total for all work $189,545.00
Completed02/24/23 Page 5 of 9 BLR 05530(Rev.07/08/22)
AGREEMENT SIGNATURES
Executed b the LPA: Local Public Agency.
Y Local Public Agency Type, _
� 9 �'_ YP ,
Attest: The City of Elgin
B Si nature&Date) _ B (Signature&Date)
pri112,2023 April 12,2023
Local Public Agency Local Public Agency Type Title___
Elgin city - Clerk Richard G.Kozal,City Manager
(S
to,
� C
Execu ER:
Prime Consultant Firm Name
Attest: �e alt Hamilton Associates, Inc.
By(Signature&Date) _ By(Sigr2ature te)
Title Title
APPROVED:
Regional Engineer.Department of Transportation(Signature&Date
Completed 02/24/23 Page 6 of 9 BLR 05530(Rev.07108/22)
Local Public Agency Prime Consultant Firm Name Count Section Number
Elgin Gewalt Hamilton Associates, Inc. Kane D23-00201-00-IRS
EXHIBIT A
SCOPE OF SERVICES
To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before
described and enumerated below
See Attached Scope of Services "Attachment A"
Completed02/24/23 Page 7 of 9 BLR 05530(Rev.07/08/22)
ATTACHMENT A-SCOPE OF SERVICES
PROJECT UNDERSTANDING
It is our understanding that the City of Elgin proposes to improve various streets in the City of Elgin, Kane
County. This project consists of pavement removal, removal, and replacement of concrete curb&gutter at
various locations, removal and replacement of sidewalk, ADA accessible route improvements, drainage
and utility structure adjustments, driveway pavement removal and replacement, hot-mix asphalt binder and
surface course placement,parkway restoration,and all incidental and collateral work necessary to complete
the project.
The project will be administered and awarded through a local letting.As Motor Fuel Tax(MFT)and Rebuild
IL funds will be utilized for construction, the project will follow IDOT procedures in accordance with the
Bureau of Local Roads and Streets. This project will be locally let on March 29, 2023, with an anticipated
commencement date of May 8, 2023, and a completion date of August 11, 2023.
CONSTRUCTION ENGINEERING SERVICES
It is our practice to adhere to construction industry standards and insist on compliance with the project plans
and specifications to efficiently produce a quality project. As such, Construction Engineering Services will
be performed in accordance Illinois Department of Transportation standard procedures including, but not
limited to, the following:
1. GHA will oversee a scheduled pre-construction meeting with project stakeholders prior to the start of
construction and provide the meeting attendees with a summary in the form of Minutes for their
records.
2. Prior to construction commencement, GHA will determine impacts on schools, local businesses,
places of worship, parks, and other local projects. We will include the City, Public Works
Department(s), School District(s), utility companies, and permitting agencies as members of our
project communications team to collaborate and determine the best methods for identifying,reaching,
and maintaining relationships with the project stakeholders. Once the communications plan is
established, GHA will continue to coordinate and communicate with stakeholders using resident
letters, project flyers and newsletters as requested to ensure they are properly and consistently
informed of the project's progress.
3. GHA will review drawings, diagrams, illustrations, brochures, catalog cuts, shop drawings, project
schedules,and other data which the Contractor is required to submit for conformance with the design
concept and compliance with the contract documents.
4. GHA will provide geometric control and construction layout verification by making random checks to
the Contractor's staking to determine if the work is in general conformance with the plans. If an error
is found, we will immediately notify the Contractor to make the appropriate changes prior to
construction.
5. GHA will provide full-time construction observation of the necessary construction operations and
processes to ensure all materials and procedures are in conformance with the contract documents.
We will utilize GHA's standard documentation procedures which aligns with IDOT's Documentation
of Contract Quantities guide. We will provide Daily Observation Reports, Weekly Reports, Daily
Quantities, Quantity Book, Pay Estimates, Authorizations, and other reports as required. We will
measure, record, and provide source documentation daily for all quantities for which payment will be
made, and we will adhere to general IDOT requirements regarding inspection rates, including, but
not limited to, depth checks,yield requirements, and material weight ticket collection to help facilitate
a timely project closeout. GHA will keep a project box on site, including all the necessary up-to-date
documentation in accordance with standard procedures and IDOT's Documentation of Contract
Quantities guide.
6. GHA will provide daily and weekly updates to the City via email and the City's Construction Command
page on the Salesforce platform.
7. If a field change or Authorization is required, whether force account or agreed unit price, GHA will
notify and advise the City prior to making any decisions that may affect the budget. In addition, our
documentation of the Contractor's daily activities will help provide sufficient information to permit
verification of the nature and costs of any changes in plans or authorized extra work.
8. GHA will make observations of the utility marks provided by the JULIE system and address potential
conflicts with the Contractor.
9. GHA will coordinate and distribute bi-lingual resident notification letters, approved by the City, at the
beginning of the project and/or as needed.
10. GHA will schedule and moderate weekly on-site project progress meetings, if required, with the City
and Contractor(s)and provide attendees with a summary in the form of Minutes for their records.
11. GHA will coordinate all quality assurance material testing in accordance with IDOT Motor Fuel Tax
QC/QA programs and processes. for the HMA and concrete. Our subconsultant will administer the
quality assurance testing for the field and laboratory requirements. We will confirm and document
that all the materials used on the site meet or exceed the quality requirements of the contract and
IDOT-issued Project Procedures Guide.
12. GHA will perform daily traffic control inspections in addition to those required weekly and bi-monthly
and respectively submit deficient remarks to the Contractor with appropriate corrections requested.
13. GHA will prepare monthly pay requests for the City's review and provide the required documentation
and correspondence necessary for the City to approve payment.
14. GHA will schedule a final walk-through upon project completion with the City of Elgin representatives
to generate a punch list of deficiencies.
15. GHA will keep current record drawings as the work is performed. We will annotate by hand all
revisions, substitutions, variations, and omissions made or discovered during construction. Upon
project completion, GHA will provide the City with an electronic copy of the record drawing plan set.
16. GHA will verify compliance with all regulatory permits and submit the required closeout
documentation upon project completion.
17. GHA will coordinate contract closeout procedures with the Contractor and IDOT to ensure an
expedient and productive closeout. GHA will complete all project closeout documentation as required
by IDOT, MFT, and RBI standards.
Local Public Agency Prime Consultant Firm Name Count Section Number
Elgin Gewalt Hamilton Associates, Inc. Kane 23-00201-00-RS
EXHIBIT B
PROJECT SCHEDULE
This projects anticipated schedule is as follows:
March 15, 2023: Bid Advertisement
March 29, 2023: Bid opening and final recommendation for City
April 12, 2023: Anticipated final approval of construction engineering services agreement at City Council meeting
April 12, 2023: Award Construction Contract at City Council Meeting
April 25, 2023: Tentative Preconstruction Meeting
May 8, 2023: Notice to Proceed/Construction to start
August 11, 2023: Anticipated Final Construction completion
Completed02/24/23 Page 8 of 9 BLR 05530(Rev.07/08/22)
Local Public Agency Prime Consultant Firm Name Count Section Number
Elgin Gewalt Hamilton Associates, Inc. Kane 23-00201-00-RS
Exhibit C
Qualification Based Selection(QBS)Checklist
The LPA must complete Exhibit D.If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed.
Under the threshold,QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal
funds being used,federal small purchase guidelines must be followed.
❑ Form Not Applicable(engineering services less than the threshold)
Items 1-13 are required when using federal funds and QBS process is applicable.Items 14-16 are required when
using State funds and the QBS process is applicable.
No Yes
1 Do the written QBS policies and procedures discuss the initial administration(procurement,management ❑x ❑
and administration)concerning engineering and design related consultant services?
2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and a ❑
specifically Section 5-5.06(e)of the BLRS Manual?
3 Was the scope of services for this project clearly defined? x❑ ❑
4 Was public notice given for this project? ❑x ❑
5 Do the written QBS policies and procedures cover conflicts of interest? ❑x ❑
6 Do the written QBS policies and procedures use covered methods of verification for suspension and ❑x ❑
debarment?
7 Do the written QBS policies and procedures discuss the methods of evaluation? x❑ ❑
Project Criteria Weighting
8 Do the written QBS policies and procedures discuss the method of selection? ❑x FE71
Selection committee titles for this ro'ect
Top three consultants ranked for this project in order
1
2
3
9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑x ❑
10 Were negotiations for this project performed in accordance with federal requirements. ❑x ❑
11 Were acceptable costs for this project verified? ❑x ❑
12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding the ❑x ❑
request for reimbursement to IDOT for further review and approval?
Do the written QBS policies and procedures cover ongoing and finalizing administration of the project
13 (monitoring,evaluation,closing-out a contract, records retention, responsibility, remedies to violations or ❑x ❑
breaches to a contract,and resolution of disputes)?
14 QBS according to State requirements used? x❑ ❑
15 Existing relationship used in lieu of QBS process? ❑ ❑x
16 LPA is a home rule community(Exempt from QBS). ❑ ❑x
Completed02/24/23 Page 9 of 9 BLR 05530(Rev.07/08/22)
EXHIBIT D
Illinois Department COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
of Transportation
FIXED RAISE
Local Public Agency County Section Number
City of Elgin Kane 23-00201-00-RS
Prime Consultant (Firm) Name Prepared By Date
Gewalt Hamilton Associates, Inc. ILucas Deferville 2/17/2023
Consultant/ Subconsultant Name Job Number
Gewalt Hamilton Associates, Inc. N/A
Note: This is name of the consultant the CECS is being completed
for. This name appears at the top of each tab.
Remarks
2023 Providence Resurfacing Project
PAYROLL ESCALATION TABLE
CONTRACT TERM �5/15/2023
MONTHS OVERHEAD RATE 165.81%
START DATE COMPLEXITY FACTOR
RAISE DATE %OF RAISE 2.00%
END DATE 1/5/2024
ESCALATION PER YEAR
% of
Year First Date Last Date Months Contract
0 3/6/2023 5/15/2023 2 20.00%
1 5/16/2023 1/15/2024 8 81.60%
The total escalation = 1.60% BLR 05514(Rev. 11/04/22)
Printed 2/24/2023 1:06 PM ESCALATION
Page 1 of 8
Local Public Agency County Section Number
ICity of Elgin jKane 23-00201-00-RS
Consultant / Subconsultant Name Job Number
Gewalt Hamilton Associates. Inc. N/A
PAYROLL RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE
MAXIMUM PAYROLL RATEI 78.00
ESCALATION FACTOR 1.60%
IDOT
CLASSIFICATION PAYROLL RATES CALCULATED RATE
ON FILE
Principal $78.21 $78.00
CE VI $75.00 $76.20
CE V $70.25 $71.37
CE IV $57.50 $58.42
CE 111 $44.00 $44.70
CE II $39.79 $40.43
CE 1 $33.21 $33.74
LS IV $52.88 $53.73
LS III $43.81 $44.51
LS 1 $23.50 $23.88
GISP III $61.00 $61.98
ETV $63.25 $64.26
ET IV $40.21 $40.85
ET III $33.83 $34.37
ET II $31.50 $32.00
ET 1 $24.50 $24.89
AD 1 $25.96 $26.38
Environmental Consultant 1 $31.00 $31.50
BLR 05514(Rev. 11/04/22)
Printed 2/24/2023 1:06 PM RATES
Page 2 of 8
Local Public Agency County Section Number
City of Elgin I Kane 23-00201-00-RS
Consultant/ Subconsultant Name Job Number
Gewalt Hamilton Associates, Inc. N/A
SUBCONSULTANTS
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET
Contribution to Prime
NAME Direct Labor Total Consultant
Total 0.00 0.00
NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on
this sheet.
1
Local Public Agency County Section Number
City of Elgin Kane 23-00201-00-RS
Consultant/Subconsultant Name Job Number
Gewalt Hamilton Associates,Inc. INA
DIRECT COSTS WORKSHEET
List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project.
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
CONTRACT
ITEM ALLOWABLE QUANTITY RATE TOTAL
Lodging Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD) (Up to state rate maximum
Lodging Taxes and Fees Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD
Coach rate,actual cost,requires minimum two weeks'
Air Fare notice,with prior IDOT approval
$0.00
Vehicle Mileage Up to state rate maximum $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD
Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 117 $65.00 $7,605.00
Vehicle Rental Actual Cost(Up to$55/day) $0.00
Tolls Actual Cost $0.00
Parking Actual Cost $0.00
Overtime Premium portion(Submit supporting documentation) $0.00
Shift Differential Actual Cost(Based on firm's policy) $0.00
Overnight Delivery/Postage/Courier Service Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(In-house) Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(Outside) Actual Cost(Submit supporting documentation) $0.00
Project Specific Insurance Actual Cost $0.00
Monuments(Permanent) Actual Cost $0.00
Photo Processing Actual Cost $0.00
2-Way Radio(Survey or Phase III Only) Actual Cost $0.00
Telephone Usage(Traffic System Monitoring Only) Actual Cost $0.00
CADD Actual Cost(Max$15/hour) $0.00
Web Site Actual Cost(Submit supporting documentation) $0.00
Advertisements Actual Cost(Submit supporting documentation) $0.00
Public Meeting Facility Rental Actual Cost(Submit supporting documentation) $0.00
Public Meeting Exhibits/Renderings&Equipment Actual Cost(Submit supporting documentation) $0.00
Recording Fees Actual Cost $0.00
Transcriptions(specific to project) Actual Cost $0.00
Courthouse Fees Actual Cost $0.00
Storm Sewer Cleaning and Televising Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Traffic Control and Protection Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Aerial Photography and Mapping Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Utliity Exploratory Trenching Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Testing of Soil Samples Actual Cost $0.00
Lab Services Actual Cost(Provide breakdown of each cost) $0.00
Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Language Translation Service Actual Cost 1 $500.00 $500.00
Printing Actual Cost 5 $200.00 $1,000.00
$0.00
$0.00
04/22)
Printi d 2/24/2023 1:06 PM TOTAL DIRECT COSTS: $9,106).WCT MOSTS
Page
Local Public Agency County Section Number
City of Elgin Kane 23-00201-00-RS
Consultant/ Subconsultant Name Job Number
Gewalt Hamilton Associates, Inc. N/A
COST ESTIMATE WORKSHEET
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET
OVERHEAD RATEI 165.81% COMPLEXITY FACTORQO
DIRECT COSTS
(not included in OVERHEAD&FRINGE SERVICES BY %OF GRAND
TASK row totals) STAFF HOURS PAYROLL BENEFITS FIXED FEE OTHERS TOTAL TOTAL
MFT Documentation 12 557 924 184 1,665 0.88%
Preconstruction Coordination 87 3,088 5,120 1,019 9,227 4.87%
Establish Control 25 1,041 1,726 343 3,110 1.64%
Construction Layout Verification 26 1,176 1,949 388 3,513 1.85%
Preconstruction Meeting 16 665 1,103 220 1,988 1.05%
Project Management 100 4,331 7,180 1,429 12,940 6.83%
RFI Response 60 2,391 3,964 789 7,144 3.77%
Construction Observation RE 1060 35,993 59,679 11,878 6,000 113,550 59.91%
Progress Meetings 42 1,698 2,815 560 5,073 2.68%
Traffic Control Inspection(Nights) 8 270 448 89 807 0.43%
Punch List& Final Inspections 52 1,871 3,102 617 5,590 2.95%
Record Drawings 49 1,962 3,252 647 5,861 3.09%
Project Closure 94 3,337 5,534 1,101 9,972 5.26%
Subconsultant DL $0.00
Direct Costs Total=__> $0.00 $9,105.00 4.80%
TOTALS 16311 58,3801 96,7961 19,2641 6,000 189,545 95.20%
155,176
BLR 05514(Rev. 11/04/22)
Printed 2/24/2023 1:06 PM COST EST
Page 5 of 8
Local Public Agency County Section Number
City of Elgin I jKane 23-00201-00-RS
Consultant / Subconsultant Name Job Number
Gewalt Hamilton Associates, Inc. N/A
AVERAGE HOURLY PROJECT RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET
SHEET 1 OF 3
Preconstruction Construction Layout
PAYROLL AVG TOTAL PROJ.RATES MFT Documentation Coordination Establish Control Verification Preconstruction Meeting
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Principal 78.00 0.0
CE VI 76.20 0.0
CE V 71.37 0.0
CE IV 58.42 40.0 2.45% 1 1.43 4 33.33% 1 19.47 4 1 4.60% 2.69 1 1 4 25.00% 14.61
CE III 44.70 0.0
CE II 40.43 208.0 12.75% 5.16 8 66.67% 26.95 8 9.20% 3.72 1 4 25.00% 10.11
CE I 33.74 935.0 57.33% 19.34 75 86.21% 29.09 8 50.00% 16.87
LS IV 53.73 4.0 0.25% 0.13 1 4.00% 2.15 2 7.69 - 4.13
LS III 44.51 60.0 3.68% 1.64 16 64.00% 28.49 24 92.31 41 09
LS 1 23.88 0.0
GISP 111 61.98 0.0
ETV 64.26 0.0
ET IV 40.85 0.0
ET III 34.37 384.0 23.54% 8.09 8 32.001 11.00
ET 11 32.00 0.0
ET 1 24.89 0.0
AD 1 26.38 0.0
Environmental Consultant 31.50 0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
TOTALS 1631.0 100% $35.79 12.0 100.00% $46.42 87.0 100% $35.49 25.0 1 100' $41.63 26.0 100% $45.22 16 0 10011,, $41.58
Printed 2/24/2023 1:06 PM BLR 05514 (Rev. 11/04/22)
Page 6 of 8 AVG 1
Local Public Agency County Section Number
City of Elgin I I Kane 23-00201-00-RS
Consultant / Subconsultant Name Job Number
Gewalt Hamilton Associates, Inc. N/A
AVERAGE HOURLY PROJECT RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET
SHEET 2 OF 3
Construction Observation Traffic Control Inspection Punch List&Final
PAYROLL AVG Project Management RFI Response RE Progress Meetings (Nights) Inspections
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Principal 78.00
CE VI 76.20
CE V 71.37
CE IV 58.42 16 16.00% 9.35 4 6.67% 3.89 2 3.85% 2.25
CE III 44.70
CE II 40.43 84 84.00% 33.96 40 66.67% 26.95 42 100,00` 40.43 10 19.23% 7.77
CE I 33.74 16 26.67% 9.00 700 66.04% 22.28 8 100.00"- 33.74 40 76.92% 25.95
LS IV 53.73
LS III 44.51
LS I 23.88
GISP III 61.98
ET V 64.26
ET IV 40.85
ET III 34.37 360 33.96`L 11.67
ET II 32.00
ET I 24.89
AD I 26.38
Environmental Consultant 1 31.50
TOTALS 100.0 100'' S43.31 60.0 1001. S39.84 1060 0 100% $33.96 42.0 100% S40.43 8.0 100 $33.74 52-0 100°% $35.98
Printed 2/24/2023 1:06 PM BLR 05514 (Rev. 11/04/22)
Page 7 of 8 AVG 2
Local Public Agency County Section Number
City of Elgin I Kane 23-00201-00-RS
Consultant / Subconsultant Name Job Number
Gewalt Hamilton Associates, Inc.
AVERAGE HOURLY PROJECT RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET
SHEET 3 OF 3
PAYROLL AVG Record Drawings Project Closure
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Principal 78.00
CE VI 76.20
CE V 71.37
CE IV 58.42 2 4.08% 1 2.38 4 1 4.26% 2.49
CE III 44.70
CE II 40.43 1 2 4.08% 1.65 10 10.64% 4.30
CE 1 33.74 8 16.33% 5.51 80 85.11% 28.72
LS IV 53.73 1 2.04% 1.10
LS III 44.51 20 40.82% 18.17
LS 1 23.88
GISP III 61.98
ETV 64.26
ET IV 40.85
ET III 34.37 16 32.65% 11.22
ET II 32.00
ET 1 24.89
AD 1 26.38
Environmental Consultant 1 31.50
TOTALS 49.0 100% $40.03 94.0 100% $35.50 0.0 0% $0.00 0.0 0% $0.00 0.0 0% $0.00 0.0 0% $0.00
BLR 05514 (Rev. 11/04/22)
Printed 2/24/2023 1:06 PM AVG 3
Page 8 of 8
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Resolution No. 23-59
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY ENGINEERING
SERVICES AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR
CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2023
EASTSIDE 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 a Local Public Agency Engineering Services Agreement
on behalf of the City of Elgin with Hampton, Lenzini & Renwick, Inc., for construction
engineering services in connection with the 2023 eastside resurfacing project, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 12, 2023
Adopted: April 12, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
116nois Departrnent Local Public Agency
of Transportation Engineering Services Agreement
Agreement For A reement Type
inali
Using Federal Funds?❑ Yes ❑x No MFT CE Or g
LOCAL PUBLIC AGENCY
Local Public Agency County Section Number Job Number
City of Elgin Kane 23-00200-00-RS
Project Number Contact Name Phone Number Email
Mike Pubentz (847) 931-5968 pubentz_m@cityofelgin.org
SECTION PROVISIONS
Local Street/Road Name Key Route Len th Structure Number
Various NA 2.54
Location Termini FAdd Location
Various Remove Location
Project Description
HMA Surface Removal, HMA and Concrete pavement removal, combination curb and gutter, sidewalk removal
and replacement, base preparation and repair, placement of HMA Binder and Surface Courses, restoration and
appurtenant construction
Engineering Funding ❑x MFT/TBP ❑x State ❑ Other lRebuild Illinois Grant (RBI)
Anticipated Construction Funding ❑ Federal ❑x MFT/TBP ❑x State ❑ Other JRebuild Illinios Grant (RBI)
AGREEMENTFOR
❑x Phase III-Construction Engineering
CONSULTANT
Prime Consultant Firm Name Contact Name Phone Number Email
HLR, Inc. Ryan Livingston (847) 697-6700 rivingston@hlreng.com
Address Citv State Zi Code
380 Shepard Drive Elgin IL 60123
THIS AGREEMENT IS MADE between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain professional
engineering services in connection with the improvement of the above SECTION.Project funding allotted to the LPA by the State of Illinois
under the general supervision of the State Department of Transportation,hereinafter called the"DEPARTMENT,"will be used entirely or in
part to finance ENGINEERING services as described under AGREEMENT PROVISIONS.
Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER,acting as an
individual, partnership,firm or legal entity,qualifies for professional status and will be governed by professional ethics in its relationship to
the LPA and the DEPARTMENT.The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an
AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations.
WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean:
Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of
Transportation
Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the
construction PROJECT
In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities
Contractor Company or Companies to which the construction contract was awarded
Completed02/23/23 Page 1 of 9 BLR 05530(Rev.07/08/22)
AGREEMENT EXHIBITS
The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT:
❑x EXHIBIT A: Scope of Services
❑x EXHIBIT B: Project Schedule
❑x EXHIBIT C: Qualification Based Selection(QBS)Checklist
❑x EXHIBIT D: Cost Estimate of Consultant(CECS)Services Worksheet(BLR 05513 or BLR 05514 )
❑ EXHIBIT : Direct Costs Check Sheet(attach BDE 436 when using Lump Sum on Specific Rate Compensation)
❑x EXHIBIT E: LOCATION MAP
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with
the proposed improvements herein before described.
2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff
hours.If higher-salaried personnel of the firm,including the Principal Engineer, perform services that are to be performed by
lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work
performed.
3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections
required as a result of the ENGINEER'S error,omissions or negligent acts without additional compensation.Acceptance of work
by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such
errors or omissions or the responsibility for clarifying ambiguities.
4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes,and the local laws or
ordinances of the LPA.
5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA.
6. To invoice the LPA,The ENGINEER shall submit all invoices,based on the ENGINEER's progress reports,to the LPA employee
In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work to date. Such
invoices shall represent the value,to the LPA of the partially completed work,based on the sum of the actual costs incurred, plus
a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work.
7. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of
this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US
Department of Transportation (US DOT)assisted contract. Failure by the Engineer to carry out these requirements is a material
breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems
appropriate.
8. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties
without written consent of the LPA.The consent to sublet,assign or otherwise transfer any portion of the services to be furnished
by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
9. For Construction Engineering Contracts:
(a)For Quality Assurance services,provide personnel who have completed the appropriate STATE Bureau of Materials
QC/QA trained technical classes.
(b)For all projects where testing is required,the ENGINEER shall obtain samples according to the STATE Bureau of
Materials"Manual of Test Procedures for Materials,"submit STATE Bureau of Materials inspection reports;and verify
compliance with contract specifications.
10. That engineering services shall include all equipment, instruments,supplies,transportation and personnel required to perform the
duties of the ENGINEER in connection with this AGREEMENT(See DIRECT COST tab in BLR 05513 or BLR 05514).
II. THE LPA AGREES,
1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the
Professional Services Selection Act(50 ILCS 510)(Exhibit C).
2. To furnish the ENGINEER all presently available survey data,plans,specifications, and project information.
3. For Construction Engineering Contracts:
(a)To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental
PROJECT activities.
(b)To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized.
4. To pay the ENGINEER:
(a)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
LPA,monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be
equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER.
(b)Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and
reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as
Completed02/23/23 Page 2 of 9 BLR 05530(Rev.07/08/22)
determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
shall be due and payable to the ENGINEER.
(c)For Non-Federal County Projects-(605 ILCS 5/5-409)
(1)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
LPA, monthly payments for the work performed shall be due and payable to the ENGINEER. Such payments to be
equal to the value of the partially completed work in all previous partial payments made to the ENGINEER.
(2)Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and
reports have been made and accepted by the LPA and STATE,a sum of money equal to the basic fee as
determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
shall be due and payable to the ENGINEER.
5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the
following compensation method as discussed in 5-5.10 of the BLR Manual.
Method of Compensation:
❑ Percent
❑ Lump Sum
❑ Specific Rate
❑x Cost plus Fixed Fee: Fixed
Total Compensation=DL+DC+OH+FF
Where:
DL is the total Direct Labor,
DC is the total Direct Cost,
OH is the firm's overhead rate applied to their DL and
FF is the Fixed Fee.
Where FF=(0.33+R)DL+%SubDL,where R is the advertised Complexity Factor and %SubDL is 10% profit
allowed on the direct labor of the subconsultants.
The Fixed Fee cannot exceed 15%of the DL+OH.
Field Office Overhead Rates: Field rates must be used for construction engineering projects expected to exceed one
year in duration or if the construction engineering contract exceeds$1,000,000 for any project duration.
6. The recipient shall not discriminate on the basis of race,color, national original or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.The recipient shall take
all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US
DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.).
III. IT IS MUTUALLY AGREED,
1. To maintain,for a minimum of 3 years after the completion of the contract,adequate books,records and supporting documents to
verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General,
and the DEPARTMENT;the Federal Highways Administration(FHWA)or any authorized representative of the federal
government,and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the
DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support
their purported disbursement.
2. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the DEPARTMENT,
and their officers,agents and employees from all suits,claims,actions or damages liabilities,costs or damages of any nature
whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the
ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error
or omission if notification is not successful;if the ENGINEER fails to reply to a notification;or if the conditions created by the error
or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and
reasonable notice is not practicable.
3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known
post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings, plats,surveys,
reports, permits,agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data
Completed02/23/23 Page 3 of 9 BLR 05530(Rev.07/08/22)
if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the
LPA.The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to
the date of the written notice of termination.
4. In the event that the DEPARTMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is
suspended by the LPA for more than thirty(30)calendar days,consecutive or in aggregate,over the term of this AGREEMENT,
the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of
suspension. In addition,upon the resumption of services the LPA shall compensate the ENGINEER,for expenses incurred as a
result of the suspension and resumption of its services,and the ENGINEER's schedule and fees for the remainder of the project
shall be equitably adjusted.
5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until
the completion of construction of any phase of professional services performed by others based upon the service provided herein.
All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional
services are not commenced within 5 years after final payment by the LPA.
6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT,
and their officers,employees from all suits, claims,actions or damages liabilities,costs or damages of any nature whatsoever
resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
7. The ENGINEER and LPA certify that their respective firm or agency:
(a)has not employed or retained for commission, percentage, brokerage,contingent fee or other considerations, any firrr
or person(other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure this
AGREEMENT,
(b)has not agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services
of any firm or person in connection with carrying out the AGREEMENT or
(c)has not paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for
the LPA or the ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with,
procuring or carrying out the AGREEMENT.
(d)that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment,declared
ineligible or voluntarily excluded from covered transactions by any Federal department or agency,
(e)has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered
against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or
performing a public(Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission
of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements or receiving
stolen property.
(f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal, State,or
local)with commission of any of the offenses enumerated in paragraph(e)and
(g)has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal, State,
local)terminated for cause or default.
Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification,an explanation shall be
attached to this AGREEMENT.
8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no
claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining
services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within
six months after the specified completion date.Examples of unforeseen causes included but are not limited to: acts of God or a
public enemy;acts of the LPA, DEPARTMENT<or other approving party not resulting from the ENGINEER's unacceptable
services;fire; strikes; and floods.
If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to
the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly.
9. This certification is required by the Drug Free Workplace Act(30 ILCS 580).The Drug Free Workplace Act requires that no
grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of
any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False
certification or violation of the certification may result in sanctions including, but not limited to suspension of contract or grant
payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for al
least one(1)year but not more than(5)years.
For the purpose of this certification,"grantee"or"Contractor"means a corporation,partnership or an entity with twenty-five(25)or
more employees at the time of issuing the grant or a department,division or other unit thereof,directly responsible for the specific
performance under contract or grant of$5,000 or more from the DEPARTMENT,as defined the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a)Publishing a statement:
(1)Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a
controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2)Specifying the actions that will be taken against employees for violations of such prohibition.
(3)Notifying the employee that,as a condition of employment on such contract or grant,the employee will:
(a)abide by the terms of the statement;and
(b)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five(5)days after such conviction.
Completed02/23/23 Page 4 of 9 BLR 05530(Rev.07/08/22)
(b)Establishing a drug free awareness program to inform employees about:
(1)The dangers of drug abuse in the workplace;
(2)The grantee's or contractor's policy to maintain a drug free workplace;
(3)Any available drug counseling, rehabilitation and employee assistance program;and
(4)The penalties that may be imposed upon an employee for drug violations.
(c)Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the
contract or grant and to post the statement in a prominent place in the workplace.
(d)Notifying the contracting or granting agency within ten(10)days after receiving notice under part(b)paragraph(3)of
subsection (a)above from an employee or otherwise receiving actual notice of such conviction.
(e)Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program.
(f)Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is
required and indicating that a trained referral team is in place.
Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act,
the ENGINEER, LPA and the DEPARTMENT agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the
essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the
ENGINEER for future projects.The ENGINEER will submit progress reports with each invoice showing work that was completed
during the last reporting period and work they expect to accomplish during the following period.
10. Due to the physical location of the project,certain work classifications may be subject to the Prevailing Wage Act(820 ILCS
130/0.01 et seq).
11. For Construction Engineering Contracts:
(a)That all services are to be furnished as required by construction progress and as determined by the LPA employee In
Responsible Charge.The ENGINEER shall complete all services herein within a time considered reasonable to the
LPA, after the CONTRACTOR has completed the construction contract.
(b)That all field notes,test records and reports shall be turned over to and become the property of the LPA and that
during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any
loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such
loss or damage shall be restored at the ENGINEER's expense.
(c)That any difference between the ENGINEER and the LPA concerning the interpretation of the provisions of this
AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the
ENGINEER,one member appointed by the LPA,and a third member appointed by the two other members for
disposition and that the committee's decision shall be final.
(d)That in the event that engineering and inspection services to be furnished and performed by the LPA(including
personnel furnished by the ENGINEER)shall, in the opinion of the STATE be incompetent employed on such work at
the expense of the LPA.
(e)Inspection of all materials when inspection is not provided a the sources by the STATE Central Bureau of Materials,
and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials
"Project Procedures Guide"and the policies of the STATE.
AGREEMENT SUMMARY
Prime Consultant(Firm)Name TIN/FEIN/SS Number Agreement Amount
HLR, Inc. 36-2555986 $153,629.00
Subconsultants TIN/FEIN/SS Number Agreement Amount
Rubino Engineering Inc. 80-0450719 $10,000.00
Subconsultant Total $10,000.00
Prime Consultant Total $153,629.00
Total for all work $163,629.00
Completed02/23/23 Page 5 of 9 BLR 05530(Rev.07/08/22)
AGREEMENT SIGNATURES
Executed by the LPA: Local Public Agency T e Local Public Agency
Attest: The City of City of Elgin
B Si nature&Date By(Signaljw&Date
ril 12,2023
[[[... Aril 12 2023
Local Public Agency Local Public Agency Type Title
Ci Clty Clerk Richard G. Kozal,City Manager
�v
! n y
-� , .
Executed by the ENGINEER:
Prime Consultant Firm Name
Attest: HLR, Inc.
B Si nat- & B (Signature&Date
ii - 4�1,z
Title� Title
Vice President Corporate Secretary
APPROVED:
Re ional En ineer Department of Transportation(Signature&Date
Completed02/23/23 Page 6 of 9 BLR 05530(Rev.07/08/22)
Local Public Agency Prime Consultant Firm Name County Section Number
City of Elgin HLR, Inc. Kane 23-00200-00-RS
EXHIBIT A
SCOPE OF SERVICES
To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before
described and enumerated below
See Attached Scope of Services "Attachment A"
Completed02/23/23 Page 7 of 9 BLR 05530(Rev.07/08/22)
ATTACHMENT A
SCOPE OF SERVICES
Hampton, Lenzini and Renwick, Inc. (HLR) is pleased to submit the following scope of service
for the 2023 Eastside Resurfacing Project. It is understood that the following streets will be
included in the resurfacing program:
• North/South Streets
o Hill Avenue from Park St to Summit St(-1910 Feet)
o Iroquois Drive from Hiawatha Dr to Congdon Ave(-1240 Feet)
o Hiawatha Drive from Summit St to Iroquois Drive(-2675 Feet)
o Hunter Drive from Waverly Drive to Summit St(-2790 Feet)
o Pegwood Drive from Hunter Dr to Leawood Dr(-1085 Feet)
• East/West Streets
o Ann Street from Hill Ave to North Liberty Street(-794 Feet)
o Franklin Boulevard from Hill Ave to North Liberty Street(-870 Feet)
o Hiawatha Court from West Cul-De-Sac to East Cul-De-Sac (-1,068 Feet)
o Leawood Court from Leawood Drive to Cul-de-sac (-297 Feet)
• Total Improvement Length= 13,411 feet=2.54 miles
Below is the proposed Scope of Services for the 2023 Eastside Resurfacing Project.
1. Contractor Document Submittals: HLR will review contractor submittals such as shop
drawings and mix designs and make recommendations to the City on their approval or
rejection.
2. Project Start: HLR will coordinate and conduct the pre-construction meeting with the
Contractor. HLR will coordinate the construction start with the Contractor(s), the City,
local businesses/residents, and any other impacted stakeholders,which includes but is not
limited to the distribution of bilingual (English and Spanish) resident notification letters
prior to the start of construction to make persons in areas impacted by construction aware
of the upcoming work. The physical distribution of the notification letters will be
performed or at a minimum coordinated by HLR depending on the terms of the contractor
documents for the project.
3. Project Layout: HLR will layout the project limits and location of improvements prior to
Contractor mobilization for all resurfacing limits, sidewalk replacement, and curb and
gutter replacement.
4. Construction Observation: HLR's Resident Engineer will monitor all work being done
to ensure construction is completed according to the intent of the plans and project
specifications. Since the construction schedule is solely outside of HLR's control,
timeframe represented in this agreement are based on the best available information. At
this time, HLR estimates that from the beginning of construction to completion will be 16
ATTACHMENT A
SCOPE OF SERVICES
weeks.For purposes in this agreement Full Time is considered to be no more than 40 hours
per week. For purposes of this Contract, we have accounted for 5 hours of overtime per
week for the Resident Engineer/Technician. Based on the level of on-site construction
engineering desired by the Client, increases to the duration of construction or increases to
staffing required to observe contactor operations will constitute additional work. HLR will
notify the Client when the contractor is behind schedule since this could cause the need for
additional work,not anticipated by the agreement.
a. Staffing:Based on anticipated construction activities and the anticipated contractor
schedule, HLR will provide the following personnel:
i. Resident Engineer/Technician—Full Time
1. 40 Hours Per Week at standard rates
2. 5 Hours per Week at 1.5x standard rates
ii. Project Manager—Part Time
1. 12 Hours Per Week at standard rates
b. Materials Testing: HLR will coordinate materials testing services with a
subconsultant and review all testing reports.
c. Materials Inspection: HLR will collect all material documentation and review to
ensure compliance.
d. Documentation: HLR will complete all necessary documentation on a daily basis,
which includes daily construction summary emails to the City. HLR will complete
and submit all necessary MFT documentation as required by IDOT.
e. Weekly Reports: HLR will prepare and distribute weekly reports consisting of the
week's work and any anticipated change in project schedule. This will be
distributed via email to the City and posted on Elgin's 311 Construction Command
page.
f. Contractor Coordination: HLR will coordinate and conduct construction progress
meetings on a weekly basis throughout the course of construction, or as needed as
determined by the City.
g. Contractor/Sub-consultant Submittals: HLR will review all certified payrolls and
invoices to confirm accuracy.
h. Resident Coordination: HLR will update Elgin's 311 Construction Command page
daily with project status. HLR will coordinate with all residents as necessary
through the project. Particular attention will be given to residents with mobility
issues.
ATTACHMENT A
SCOPE OF SERVICES
5. Project Close-out: HLR will ensure the project is closed out in a timely manner and
construction is 100%complete.
a. Punch-list: HLR will prepare the final punch list with City staff: submit to the
contractor, and ensure timely completion of remaining items.
b. As-Builts: HLR will prepare any necessary as-built drawings.
c. Final Documentation: Final pay estimates, review contractor final invoicing, and
submit Final Documentation Packet to the City HLR will prepare final pay
estimates, review contractor final invoicing, and submit Final Documentation
Packet to the City HLR will prepare and submit all necessary project closeout
documentation to IDOT.
Follow-Up: HLR will follow up with the City to ensure the project has closed out successfully
and confirm our services are fully completed under the current agreement.
Local Public Agency Prime Consultant Firm Name County Section Number
City of Elgin HLR, Inc. Kane 23-00200-00-RS
EXHIBIT B
PROJECT SCHEDULE
March 24, 2023- Bid Opening
April 12, 2023 -Award of Construction and Engineering Contract
May-June 2023- Pre-construction Meeting /Construction Start
August 11, 2025 - Construction Substantial Completion
August 25, 2023 - Final Completion
September 29, 2023 - Final Completion for Light poles replacement
Completed02/23/23 Page 8 of 9 BLR 05530(Rev.07/08/22)
Local Public Agency Prime Consultant Firm Name County Section Number
City of Elgin HLR, Inc. Kane 23-00200-00-RS
Exhibit C
Qualification Based Selection(QBS)Checklist
The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510,QBS requirements must be followed.
Under the threshold, QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal
funds being used,federal small purchase guidelines must be followed.
❑ Form Not Applicable(engineering services less than the threshold)
Items 1-13 are required when using federal funds and QBS process is applicable.Items 14-16 are required when
using State funds and the QBS process is applicable.
No Yes
1 Do the written QBS policies and procedures discuss the initial administration(procurement, management Eland administration)concerning engineering and design related consultant services?
2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and ❑x ❑
specifically Section 5-5.06(e)of the BLRS Manual?
3 lWas the scope of services for this project clearly defined? ❑x ❑
4 Was public notice given for this project? ❑x ❑
5 Do the written QBS policies and procedures cover conflicts of interest? ❑
6 Do the written QBS policies and procedures use covered methods of verification for suspension and Eldebarment?
7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑x ❑
Project Criteria Weighting
8 Do the written QBS policies and procedures discuss the method of selection? x❑ ❑
Selection committee titles for this proeect
Top three consultants ranked for this project in order
1
2
3
9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑x ❑
10 Were negotiations for this project performed in accordance with federal requirements. ❑x ❑
11 Were acceptable costs for this project verified? ❑x ❑
12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding the ❑x El
for reimbursement to IDOT for further review and approval?
Do the written QBS policies and procedures cover ongoing and finalizing administration of the project
13 (monitoring,evaluation, closing-out a contract, records retention, responsibility, remedies to violations or ❑x ❑
breaches to a contract,and resolution of disputes)?
14 QBS according to State requirements used? ❑x ❑
15 Existing relationship used in lieu of QBS process? ❑ ❑x
16 LPA is a home rule community(Exempt from QBS). ❑ ❑x
Completed02/23/23 Page 9 of 9 BLR 05530(Rev.07/08/22)
EXHIBIT D
Illinois Department COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
of Transportation
FIXED RAISE
Local Public Agency County Section Number
City of Elgin Kane I 23-00200-00-RS
Prime Consultant(Firm) Name Prepared By Date
HLR, Inc. I IRyan Livingston 12/14/2022
Consultant/ Subconsultant Name Job Number
HLR, Inc. I NA
Note: This is name of the consultant the CECS is being completed
for. This name appears at the top of each tab.
Remarks
PAYROLL ESCALATION TABLE
CONTRACT TERM �/l
MONTHS OVERHEAD RATE 160.00%
START DATECOMPLEXITY FACTOR 0
RAISE DATE %OF RAISE 2.00%
END DATE 12/31/2022
ESCALATION PER YEAR
%of
Year First Date Last Date Months Contract
0 1/1/2022 12/31/2022 12 100.00%
The total escalation = 0.00% BLR 05514(Rev. 11/04/22)
Printed 12/14/2022 10:33 AM ESCALATION
Page 1 of 6
Local Public Agency County Section Number
lCity of Elgin lKane 23-00200-00-RS
Consultant / Subconsultant Name Job Number
HLR, Inc. INA
PAYROLL RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE
MAXIMUM PAYROLL RATEI 78.00
ESCALATION FACTOR 0.00%
MOT
CLASSIFICATION PAYROLL RATES CALCULATED RATE
ON FILE
Engineer 1 $31.69 $31.69
Engineer 2 $36.88 $36.88
Engineer 3 $44.63 $44.63
Engineer 4 $48.86 $48.86
En ineer 5 $55.08 $55.08
Engineer 6 $65.60 $65.60
Environmental 1 $28.50 $28.50
Environmental 2 $47.50 $47.50
Intern $18 00 $18.00
Land Acquisition $52.00 $52.00
Principal $79.00 $78.00
Structural 1 $55.33 $55.33
Structural 2 $71.50 $71.50
Survey 1 $25.00 $25.00
Survey 2 $48.83 $48.83
Technician 1 $26.33 $26.33
Technician 2 $34.00 $34.00
Technician 3 $43.80 $43.80
Administrative 1 $27.75 $27.75
Administrative 2 $47.33 $47.33
BLR 05514(Rev. 11/04/22)
Printed 12/14/2022 10:33 AM RATES
Page 2 of 6
Local Public Agency County Section Number
City of Elgin Kane 23-00200-00-RS
Consultant/Subconsultant Name Job Number
HLR, Inc. INA
SUBCONSULTANTS
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET
Contribution to Prime
NAME Direct Labor Total Consultant
Rubino Engineering Inc.
Tota 1 0.00 0.00
NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on
this sheet.
BLR 05514(Rev. 11/04/22)
Printed 12/14/2022 10:33 AM SUBS
Page 3 of 6
Local Public Agency County Section Number
City of Elgin JKane 23-00200-00-RS
Consultant/Subconsultant Name Job Number
HLR,Inc. INA
DIRECT COSTS WORKSHEET
List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project.
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
CONTRACT
ITEM ALLOWABLE QUANTITY RATE TOTAL
Lodging Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD) (Up to state rate maximum
Lodging Taxes and Fees Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD
Air Fare Coach rate,actual cost,requires minimum two weeks' $0.00
notice,with prior IDOT approval
Vehicle Mileage Up to state rate maximum $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD
Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day $0.00
Vehicle Rental Actual Cost(Up to$55/day) $0.00
Tolls Actual Cost $0.00
Parking Actual Cost $0.00
Overtime Premium portion(Submit supporting documentation) $0.00
Shift Differential Actual Cost(Based on firm's policy) $0.00
Overnight Delivery/Postage/Courier Service Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(In-house) Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(Outside) Actual Cost(Submit supporting documentation) $0.00
Project Specific Insurance Actual Cost $0.00
Monuments(Permanent) Actual Cost $0.00
Photo Processing Actual Cost $0.00
2-Way Radio(Survey or Phase III Only) Actual Cost $0.00
Telephone Usage(Traffic System Monitoring Only) Actual Cost $0.00
CADD Actual Cost(Max$15/hour) $0.00
Web Site Actual Cost(Submit supporting documentation) $0.00
Advertisements Actual Cost(Submit supporting documentation) $0.00
Public Meeting Facility Rental Actual Cost(Submit supporting documentation) $0.00
Public Meeting Exhibits/Renderings&Equipment Actual Cost(Submit supporting documentation) $0.00
Recording Fees Actual Cost $0.00
Transcriptions(specific to project) Actual Cost 2 $89.00 $178.00
Courthouse Fees Actual Cost $0.00
Storm Sewer Cleaning and Televising Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Traffic Control and Protection Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Aerial Photography and Mapping Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Utliity Exploratory Trenching Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Testing of Soil Samples Actual Cost $0.00
Lab Services Actual Cost(Provide breakdown of each cost) $0.00
Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
$0.00
$0.00
$0.00
$0.00
04/22)
Print d 12/14/2022 10:33 AM TOTAL DIRECT COSTS: $1781DBECT OSTS
Pag
Local Public Agency County Section Number
lCity of Elgin Kane 23-00200-00-RS
Consultant/ Subconsultant Name Job Number
HLR, Inc. INA
COST ESTIMATE WORKSHEET
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET
OVERHEAD RATEI COMPLEXITY FACTOR�O
DIRECT COSTS
(not included in OVERHEAD&FRINGE SERVICES BY %OF GRAND
TASK row totals) STAFF HOURS PAYROLL BENEFITS FIXED FEE OTHERS TOTAL TOTAL
Preconstruction 88 3,747 5,995 1,236 10,978 6.71%
Construction 178 1160 44,879 71,806 14,810 131,495 80.36%
Construction-Materials Testing - - - 10,000 10,000 6.11%
Post-Construction 88 3,747 5,995 1,236 10,978 6.71%
Subconsultant DL 1 $0.00
Direct Costs Total=__> $178.001 $178.00 0.11%
TOTALS 1 13361 52,373 1 83,7961 17,2821 10,0001 163,6291 99.89%
136,169
BLR 05514(Rev. 11/04/22)
Printed 12/14/2022 10:33 AM COST EST
Page 5 of 6
Local Public Agency County Section Number
City of Elgin Kane 23-00200-00-RS
Consultant / Subconsultant Name Job Number
HLR, Inc. INA
AVERAGE HOURLY PROJECT RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET
SHEET 1 OF 1
Construction-Materials
PAYROLL AVG TOTAL PROD.RATES Preconstruction Construction Testing Post-Construction
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Engineer 1 31,69 840.0 62.87% 1992 40 45.45% 14.40 760 65.52% 20.76 40 45 45% 1440
Engineer 2 36.88 0.0
Engineer 3 44.63 0.0
Engineer 4 48.86 400.0 29 94% 1463 40 45 45% 1 22.21 320 1 27.59% 1348 40 45 45% 2221
Engineer 5 55.08 00
Engineer 6 65.60 480 3,59% 2.36 8 9 09" 5 96 32 2.76% 1.81 8 9 09% 5.96
Environmental 28-50 0.0
Environmental 47.50 &0
Intern 18.00 0.0
Land Acquisition 52.00 0.0
Principal 78.00 0.0
Structural 55.33 0.0
Structural 71.50 40.0 2.99% 2.14 40 3.45% 2.47
Survey 1 2500 8.0 0.60% 0.15 8 0.69% 0.17
Survey 2 48.83 0.0
Technician 1 26.33 0.0
Technician 2 34.00 0.0
Technician 3 43.80 0.0
Administrative 1 27.75 0.0
Administrative 2 47.33 0.0
0.0
0.0
0.0
0.0
0.0
0.0
00
TOTALS 1336.0 100% $39.20 88.0 100.00% $42.58 1160.0 100% $38.69 0 0 0`? S0 00 88.0 100% $42.58 0.0 03110 S0 00
Printed 12/14/2022 10:33 AM BLR 05514 (Rev. 11/04/22)
Page 6 of 6 AVG 1
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1 inch= 2,000 feet Imagery: 2020 Cook County Aerial Imagery
975487.5 0 975 Feet Project Road Type
Description Interstates/Highways 2023 Eastside Resurfacing
0 City Of Elgin �
az Resurfacing 0 Other Principal Arterial
n Exhibit E
59 58 Recon Minor Arterial Project Location Map
n p 90 Light Pole Major Collector Scale: 1,24,000
NSM�°• Replacement Minor Collector Hampton, Lenzini and Renwick,Inc.
Civil 8 Structural Engineers•Land Surveyors•Environmental Specialists
Local Road or Street raR
Resolution No. 23-58
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY ENGINEERING
SERVICES AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR
CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2023
COUNTRY KNOLLS 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 a Local Public Agency Engineering Services Agreement
on behalf of the City of Elgin with Engineering Enterprises, Inc., for construction engineering
services in connection with the 2023 Country Knolls resurfacing project, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 12, 2023
Adopted: April 12, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
In Local Public Agency
Engineering Services Agreement
Agreement For Agreement Type
Using Federal Funds?❑ Yes ® No MFT CE Original
LOCAL PUBLIC AGENCY
Local Public Agency County Section Number Job Number
Elgin Kane 23-00202-00-RS I N/A
Project Number Contact Name Phone Number Email
N/A 11max Heidgen 1 (847) 214-5416 heidgen_m@cityofelgin.org
SECTION PROVISIONS
Local Street/Road Name Ke Route Length Structure Number
Various Local Roads N/A 2.32 Miles N/A
Location Termini Add Location
See attached location map. Remove Location
Proe_ct Description
The proposed improvements consist of pavement patching, pavement milling, hot-mix asphalt resurfacing, curb
and gutter removal and replacement, sidewalk removal and replacement, structure adjustments, structure
replacements, restoration, traffic control, and all other ancillary work to complete the project.
Engineering Funding ® MFT/TBP ® State ❑ Other ReBuild Illinois Grant
Anticipated Construction Funding ❑ Federal ® MFT/TBP ® State ❑ Other ReBuild Illinois Grant
AGREEMENT FOR
® Phase III-Construction Engineering
CONSULTANT
Prime Consultant Firm Name Contact Name Phone Number Email
Engineering Enterprises, Inc_ lChris Ott (630) 466-6757 Cott@eeiweb.com
Address _ Citv State Zip Code
52 Wheeler Road Sugar Grove IL J60554
THIS AGREEMENT IS MADE between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain
professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the
State of Illinois under the general supervision of the State Department of Transportation,hereinafter called the"DEPARTMENT,"will be
used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS.
Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER,acting as an
individual,partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to
the LPA and the DEPARTMENT.The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an
AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations.
WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean:
Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of
Transportation
Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the
construction PROJECT
In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities
Contractor Company or Companies to which the construction contract was awarded
Completed02/24/23 Page 1 of 10 BLR 05530(Rev.07/08/22)
AGREEMENT EXHIBITS
The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT:
® EXHIBIT A: Scope of Services
® EXHIBIT B: Project Schedule
® EXHIBIT C: Qualification Based Selection (QBS) Checklist
® EXHIBIT D: Cost Estimate of Consultant(CECS) Services Worksheet(BLR 05513 or BLR 05514)
❑ EXHIBIT : Direct Costs Check Sheet(attach BDE 436 when using Lump Sum on Specific Rate Compensation)
® Exhibit E: Location Map
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection
with the proposed improvements herein before described.
2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff
hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by
lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work
performed
3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or
corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation.
Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent
correction of any such errors or omissions or the responsibility for clarifying ambiguities.
4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or
ordinances of the LPA.
5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA.
6. To invoice the LPA,The ENGINEER shall submit all invoices, based on the ENGINEER's progress reports, to the LPA employee
In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work to date. Such
invoices shall represent the value, to the LPA of the partially completed work, based on the sum of the actual costs incurred, plus
a percentage (equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work.
7. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of
this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US
Department of Transportation(US DOT)assisted contract Failure by the Engineer to carry out these requirements is a material
breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems
appropriate.
8. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without written consent of the LPA.The consent to sublet,assign or otherwise transfer any portion of the services to be furnished
by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
9. For Construction Engineering Contracts:
(a) For Quality Assurance services, provide personnel who have completed the appropriate STATE Bureau of Materials
QC/QA trained technical classes.
(b) For all projects where testing is required, the ENGINEER shall obtain samples according to the STATE Bureau of
Materials"Manual of Test Procedures for Materials," submit STATE Bureau of Materials inspection reports; and
verify compliance with contract specifications.
10. That engineering services shall include all equipment, instruments, supplies,transportation and personnel required to perform the
duties of the ENGINEER in connection with this AGREEMENT(See DIRECT COST tab in BLR 05513 or BLR 05514).
ll. THE LPA AGREES,
1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the
Professional Services Selection Act(50 ILCS 510) (Exhibit C).
2. To furnish the ENGINEER all presently available survey data, plans, specifications, and project information
3. For Construction Engineering Contracts:
(a)To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental
PROJECT activities
(b)To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized.
4. To pay the ENGINEER:
(a) For progressive payments- Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be
equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER.
(b) Final payment- Upon approval of the work by the LPA but not later than 60 days after the work is completed and
reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as
Completed02/24/23 Page 2 of 10 BLR 05530(Rev.07/08122)
determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
shall be due and payable to the ENGINEER.
(c) For Non-Federal County Projects-(605 ILCS 5/5-409)
(1) For progressive payments- Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
LPA, monthly payments for the work performed shall be due and payable to the ENGINEER. Such payments to be
equal to the value of the partially completed work in all previous partial payments made to the ENGINEER.
(2) Final payment- Upon approval of the work by the LPA but not later than 60 days after the work is completed and
reports have been made and accepted by the LPA and STATE, a sum of money equal to the basic fee as
determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
shall be due and payable to the ENGINEER.
5 To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the
following compensation method as discussed in 5-5.10 of the BLR Manual.
Method of Compensation:
❑ Percent
❑ Lump Sum
❑ Specific Rate
® Cost plus Fixed Fee. Fixed
Total Compensation= DL+ DC+OH + FF
Where:
DL is the total Direct Labor,
DC is the total Direct Cost,
OH is the firm's overhead rate applied to their DL and
FF is the Fixed Fee.
Where FF= (0.33+R) DL+ %SubDL,where R is the advertised Complexity Factor and%SubDL is 10% profit
allowed on the direct labor of the subconsultants.
The Fixed Fee cannot exceed 15% of the DL+ OH.
Field Office Overhead Rates: Field rates must be used for construction engineering projects expected to exceed one
year in duration or if the construction engineering contract exceeds$1,000,000 for any project duration.
6. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.The recipient shall take
all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US
DOT-assisted contracts.The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.0 3801 et seq.).
III. IT IS MUTUALLY AGREED,
1. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General,
and the DEPARTMENT;the Federal Highways Administration (FHWA)or any authorized representative of the federal
government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the
DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support
their purported disbursement.
2. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the DEPARTMENT,
and their officers, agents and employees from all suits, claims, actions or damages liabilities, costs or damages of any nature
whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy.
The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the
ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error
or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error
or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and
reasonable notice is not practicable.
3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER'S last known
post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys,
reports, permits, agreements, soils and foundation analysis, provisions,specifications, partial and completed estimates and data
Completed02/24/23 Page 3 of 10 BLR 05530(Rev.07/08/22)
if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the
LPA.The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to
the date of the written notice of termination.
4. In the event that the DEPARTMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is
suspended by the LPA for more than thirty (30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT,
the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of
suspension. In addition, upon the resumption of services the LPA shall compensate the ENGINEER,for expenses incurred as a
result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project
shall be equitably adjusted.
5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until
the completion of construction of any phase of professional services performed by others based upon the service provided
herein.All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent
professional services are not commenced within 5 years after final payment by the LPA
6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT,
and their officers, employees from all suits,claims,actions or damages liabilities, costs or damages of any nature whatsoever
resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
7. The ENGINEER and LPA certify that their respective firm or agency:
(a) has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any
firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure
this AGREEMENT,
(b) has not agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services
of any firm or person in connection with carrying out the AGREEMENT or
(c)has not paid,or agreed to pay any firm, organization or person (other than a bona fide employee working solely for
the LPA or the ENGINEER)any fee, contribution, donation or consideration of any kind for, or in connection with,
procuring or carrying out the AGREEMENT.
(d)that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency,
(e) has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered
against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or
performing a public(Federal, State or local)transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements or receiving
stolen property.
(f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal, State, or
local)with commission of any of the offenses enumerated in paragraph (e)and
(g) has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal, State,
local)terminated for cause or default.
Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification, an explanation shall be
attached to this AGREEMENT.
8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no
claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining
services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within
six months after the specified completion date. Examples of unforeseen causes included but are not limited to: acts of God or a
public enemy; acts of the LPA, DEPARTMENT<or other approving party not resulting from the ENGINEER's unacceptable
services;fire; strikes; and floods.
If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to
the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly.
9. This certification is required by the Drug Free Workplace Act(30 ILCS 580).The Drug Free Workplace Act requires that no
grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of
any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False
certification or violation of the certification may result in sanctions including, but not limited to suspension of contract or grant
payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for
at least one(1)year but not more than (5)years.
For the purpose of this certification, "grantee"or"Contractor"means a corporation, partnership or an entity with twenty-five(25)
or more employees at the time of issuing the grant or a department, division or other unit thereof, directly responsible for the
specific performance under contract or grant of$5,000 or more from the DEPARTMENT,as defined the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution,dispensing, possession or use of a
controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will:
(a)abide by the terms of the statement; and
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five (5)days after such conviction.
Completed02124/23 Page 4 of 10 BLR 05530(Rev.07/08/22)
(b) Establishing a drug free awareness program to inform employees about:
(1)The dangers of drug abuse in the workplace-,
(2)The grantee's or contractor's policy to maintain a drug free workplace;
(3)Any available drug counseling, rehabilitation and employee assistance program; and
(4)The penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the
contract or grant and to post the statement in a prominent place in the workplace.
(d)Notifying the contracting or granting agency within ten (10)days after receiving notice under part(b)paragraph (3)of
subsection (a)above from an employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program.
(f)Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is
required and indicating that a trained referral team is in place.
Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act,
the ENGINEER, LPA and the DEPARTMENT agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the
essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the
ENGINEER for future projects.The ENGINEER will submit progress reports with each invoice showing work that was completed
during the last reporting period and work they expect to accomplish during the following period.
10 Due to the physical location of the project,certain work classifications may be subject to the Prevailing Wage Act(820 ILCS
130/0.01 et seq).
11 For Construction Engineering Contracts:
(a)That all services are to be furnished as required by construction progress and as determined by the LPA employee In
Responsible Charge.The ENGINEER shall complete all services herein within a time considered reasonable to the
LPA,after the CONTRACTOR has completed the construction contract.
(b)That all field notes,test records and reports shall be turned over to and become the property of the LPA and that
during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any
loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such
loss or damage shall be restored at the ENGINEER's expense.
(c)That any difference between the ENGINEER and the LPA concerning the interpretation of the provisions of this
AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the
ENGINEER, one member appointed by the LPA, and a third member appointed by the two other members for
disposition and that the committee's decision shall be final.
(d)That in the event that engineering and inspection services to be furnished and performed by the LPA(including
personnel furnished by the ENGINEER)shall, in the opinion of the STATE be incompetent employed on such work
at the expense of the LPA.
(e) Inspection of all materials when inspection is not provided a the sources by the STATE Central Bureau of Materials,
and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials
"Project Procedures Guide"and the policies of the STATE.
AGREEMENT SUMMARY -
Prime Consultant(Firm)Name TIN/FEIN/SS Number Agreement Amount
Engineering Enterprises, Inc. 36-3150869 $125,492.00
Subconsultants TIN/FEIN/SS Number Agreement Amount
Rubino Engineering, Inc. 80-0450719 $9,403.00
Subconsultant Total $9,403.00
Prime Consultant Total $125,492.00
Total for all work $134,895.00
Completed02124/23 Page 5 of 10 BLR 05530(Rev.07/08/22)
AGREEMENT SIGNATURES
Executed by the LPA: Local Public Agency Type Local Public Agency
Attest: The City of;Elgin
By(Signature&Date) Bv(SiqnaWm&Date
0 April 12,2023 4�, Aril 12,2023
Local Public A enc Local Public Agency Type Title
Elgin CltyClerk Richard G.Kozal,City Manager
i
Execut INEER:
Prime Consultant Firm Name
Attest: Engineering Enterprises, Inc.
B (Signature&Date Bv(Signature Date
-2- Z 023
Title Title
Chief Operating Officer/President Project Manager`
APPROVED:
Regional Engineer, Department of Transportation(Signature&Date
Completed02/24/23 Page 6 of 10 BLR 05530(Rev.07/08/22)
Local Public A en Prime Consultant(Firm) Name County Section Number
Elgin Engineering Enterprises, Inc. ' Kane 23-00202-00-RS
EXHIBIT A
SCOPE OF SERVICES
To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before
described and enumerated below
The City of Elgin requires Construction Engineering Services for the City's 2023 Country Knolls Resurfacing
Project. A map of the roadways to be included in the project can be found in Exhibit E of this proposal The
following streets will be included as part of this program:
•Aronomink Circle —College Green Drive to Annandale Drive
• Country Knoll Lane —Westgate Drive to N Lyle Avenue
• Country Knoll Court— Country Knoll Lane to End
• Knollwood Drive— Brookside Drive to William Drive
• McKinstry Drive —Vernon Drive to Country Knoll Lane
• Oakmont Drive — Knollwood Drive to Country Knoll Lane
• Tara Drive— Knollwood Drive to Knollwood Drive
• Vernon Drive —William Drive to McKinstry Drive
• Westgate Drive — Knollwood Drive to Country Knoll Lane
• William Drive—Vernon Drive to Country Knoll Lane
Our scope of services will include the following
Project Management and Administration
• Project Management
• Prepare for, Attend, and Facilitate the Preconstruction Meeting Including Preparation of Meeting Minutes
• QC Plan and Material Submittal Review
• Prepare and Distribute Bilingual (English and Spanish) Resident Notification Letters for the Following
Occurences:
o Overall Project Information and General Schedule
o Loss of Driveway Access for PCC Replacement
• Organize and Attend Weekly On-Site Construction Progress Meetings
Construction Layout
• Layout removal limits for PCC Sidewalk, Driveways & Curb and Gutter
• Layout removal limits for HMA Items
Construction Observation and Documentation
• Provide a resident engineer for full time on-site construction observation. An EEI representative will be on
site to inspect and observe all construction operations related to the project to ensure that work is in
concurrence with the project plans and specifications
• Monitor adherence to specifications and construction schedule
• Daily documentation of work tasks and calculation of installed pay items
• Gather material inspection and coordinate any required testing on behalf of the City
• Communicate daily construction activities to the City via email and via the City's Construction Command
Salesforce page
• Perform punch list inspections and coordinate punch list improvements with Contractor
Pay Estimates
• Prepare/verify pay estimates
• Process any required change orders
Completed02/24123 Page 7 of 10 BLR 05530(Rev 07/08/22)
Local Public Agency Prime Consultant Firm Name County Section Number
Elgin Engineering Enterprises, Inc. Kane 23-00202-00-RS
Project Closeout
• Process required IDOT documents for MFT Construction Section
The following scope of services will be provided by EEI's subconsultants:
• Material Testing (Rubino)
o HMA Nuclear Density Testing
o PCC Air, Slump, and Compressive Strength Testing
EXCLUSIONS
The above scope of services excludes the following:
•Attendance at City Council Meeting
•Topographic Field Survey and/or Record Drawings
Completed02/24123 Page 8 of 10 BLR 05530(Rev.07/08/22)
Local Public Agency Prime Consultant Firm Name CountY Section Number
Elgin Engineering Enterprises, Inc. Kane 23-00202-00-RS
EXHIBIT B
PROJECT SCHEDULE
1. Anticipate Final Approval of Construction Engineering Services Agreement at City Council: 4/12/2023
2. Target Bid Opening: 4/13/2023
3. Award Construction Contract: 4/26/2023
4. Tentative Pre-Construction Meeting: 5/3/2023
5. Start of Construction: 5/22/2023
6. Construction Substantial Completion: 9/15/2023
7. Construction Final Completion: 10/6/2023
8. Project Closeout: March 2024
Completed02/24/23 Page 9 of 10 BLR 05530(Rev.07/08/22)
Local Public Agency Prime Consultant Firm Name Count Section Number
Elgin Engineering Enterprises, Inc. Kane 23 11
-00202-00-RS
Exhibit C
Qualification Based Selection(QBS)Checklist
The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510,QBS requirements must be followed.
Under the threshold, QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal
funds being used,federal small purchase guidelines must be followed.
❑ Form Not Applicable(engineering services less than the threshold)
Items 1-13 are required when using federal funds and QBS process is applicable. Items 14-16 are required when
using State funds and the QBS process is applicable.
No Yes
=Dothew�,nitten QBS policies and procedures discuss the initial administration (procurement,managementstration)concerning engineering and design related consultant services?
2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and ® ❑
specifically Section 5-5.06(e)of the BLRS Manual?
3 lWas the scope of services for this project clearly defined? ® ❑
4 lWas public notice given for this project? ® I ❑
5 JDo the written QBS policies and procedures cover conflicts of interest? ® ❑
6 Do the written QBS policies and procedures use covered methods of verification for suspension and ® ❑
debarment?
7 Do the written QBS policies and procedures discuss the methods of evaluation? ® ❑
Project Criteria Weighting
8 JDo the written QBS policies and procedures discuss the method of selection? ® El
Selection committee titles for this project
Top three consultants ranked for this project in order
1
2
3
9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ® ❑
10 Were negotiations for this project performed in accordance with federal requirements. ® ❑
11 Were acceptable costs for this project verified? ® ❑
12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding ® ❑
the request for reimbursement to IDOT for further review and approval?
Do the written QBS policies and procedures cover ongoing and finalizing administration of the project
13 (monitoring,evaluation,closing-out a contract, records retention,responsibility, remedies to violations or ® ❑
breaches to a contract, and resolution of disputes)?
14 QBS according to State requirements used? ® ❑
15 Existing relationship used in lieu of QBS process? ❑
16 LPA is a home rule community(Exempt from QBS). ❑
Completed02/25/23 Page 10 of 10 BLR 05530(Rev 07/08/22)
EXHIBIT D
q�9J Illinois Department COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
of Transportation FIXED RAISE
Local Public Agency County Section Number
City of Elgin jKane 23.00202.00-RS
Prime Consultant(Firm) Name Prepared By Date
Engineering Enterprises,Inc. I jJake Seger 2/2 1 12 22 3
Consultant/Subconsultant Name Job Number
N/A
Note: Tors is name of the corsuftant the CECS is being comWeted
for. This name appears at the top of each tab.
Remarks
PAYROLL ESCALATION TABLE
CONTRACTTERMI 12 MONTHS OVERHEAD RATE 192.72%
START DATE 1 41112023 COMPLEXITY FACTOR 0
RAISE DATE 1 2/2912024 %OF RAISE 2.00
END DATE 3131l2024
ESCALATION PER YEAR
%Of
Year First Date Last Date Months Contract
0 4/1/2023 2/29/2024 11 91.67%
1 3/1/2024 3/31/2024 1 8.50%
The total escalation= 0.17%
Printed 2/22/2023 4:21 PM BLR 05514(Rev.02/09/23)
AVG 1
Page 1 of 1
Local Public Agency County Section Number
City of Elgin lKane 23-00202-00-RS
Consultant / Subconsultant Name Job Number
-71 N/A
PAYROLL RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE
MAXIMUM PAYROLL RATEI 86.00
ESCALATION FACTOR 0.17%
IDOT
CLASSIFICATION PAYROLL RATES CALCULATED RATE
ON FILE
E-4 Senior Principal $88.92 $86.00
E-3 Principal $71.21 $71.33
E-2 Senior Project Manager $64.64 $64 75
E-1 Project Manager $50.06 $50.14
P-6 Sr. Project Engineer/Planner/Surveyor II $46.37 $46.45
P-5 Sr. Project Engineer/Planner/Surveyor 1 $39.39 $39.46
P-4 Project Engineer/Planner/Surveyor $34.86 $34.92
T-6 Sr. Project Technician II $45.89 $45.97
T-5 Sr. Project Technician 1 $41.81 $41.88
T-4 Project Technician $36.17 $36.23
T-3 Senior Technician $28.34 $28.39
T-2 Technician $25.02 $25.06
A-3 Administrative Assistant $30.07 $30.12
A-4 Executive Administrative Assistant $43.27 $43.34
Printed 2/22/2023 4:22 PM BLR 05514 (Rev. 02/09/23)
Page 1 of 1 AVG 1
Local Public Agency County Section Number
LGty o`Fig, JKane 23 OOP02-OO.RS
Consultant/Subconsultant Name Job Number
---- -. —� NIA
DIRECT COSTS WORKSHEET
List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project.
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
CONTRACT
ITEM ALLOWABLE QUANTITY RATE TOTAL
Lodging Actual Cost $0 00
(per GOVERNOR'S TRAVEL CONTROL BOARD (Up to state rate maximum)
odging Taxes and Fees Actual Cost $0 00
(per GOVERNORS TRAVEL CONTROL BOARD)
Air Fare Coach rare actual cost,requires minimum two weeks' $0 00
notice with pno,IDOT approval
Vehicle—Mileage Up to state rate maximum $0 00
(per GOVERNOR'S TRAVEL CONTROL BOARD) _
Vehicle Owned or Leased $32 50/half day(4 hours or less)or$65/full day 75 $65 00 $4,875 00
Vehicle Rental Actual Cost(Up to$55/day) $0 00
Tolls Actual Cost $0 00
Parking Actual Cost $0 00
Overtime Premium portion(Submit supporting documentation) $0 00
Shift Differential Actual Cost(Based on firm's policy) $0 00
Overnight Delivery/Postage/Courier Service Actual Cost(Submit supporting documentation) $0 00
Copies of Deliverables/Mylars(In-house) Actual Cost(Submit supporting documentation) $0 00
Copies of Deliverables/Mylars(Outside) Actual Cost(Submit supporting documentation) $0 00
Project Specific Insurance Actual Cost $0 00
Monuments(Permanent) Actual Cost $0.00
Photo Processing Actual Cost $0 00
2-Way Radio(Survey or Phase III Only) Actual Cost $0 00
Telephone Usage(Traffic System Monitoring Only) Actual Cost $C 00
CADD Actual Cost(Max$15/hour) $0 00
Web Site Actual Cost(Submit supporting documentation) $0-00
Advertisements Actual Cost(Submit supporting documentation) $0.00
Public Meeting Facility Rental Actual Cost(Submit supporting documentation) $0 00
Public Meeting Exhibits/Renderings&Equipment Actual Cost(Submit supporting documentation) $0.00
Recording Fees Actual Cost $0.00
Transcriptions(specific to project) Actual Cost $0 00
Courthouse Fees Actual Cost $0 00
Storm Sewer Cleaning and Televising Actual Cost(Requires 2-3 quotes with IDOT approval) $0 00
Traffic Control and Protection Actual Cost(Requires 2-3 quotes with IDOT approval) $0 00
Aerial Photography and Mapping Actual Cost(Requires 2-3 quotes with IDOT approval) $0 00
Utility Exploratory Trenching Actual Cost(Requires 2-3 quotes with IDOT approval) $0 00
Testing of Soil Samples Actual Cost $0 00
Lab Services Actual Cost(Provide breakdown of each cost) $0 00
Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) $0 00
$0 00
$0 00
$0.00
$0 00
TOTAL DIRECT COSTS: $4,875.00
Printed 2/22/2023 4:22 PM BLR 05514(Rev 02109123)
Page 1 of 1 AVG'
Local Public Agency Count Section Number
City of Elgin f Kane 23-00202-00-RS
Consultant/ Subconsultant Name Job Number
NIA
COST ESTIMATE WORKSHEET
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET
OVERHEAD RATEI 192.72%1 COMPLEXITY FACTOR
DIRECT COSTS
(iot included in OVERHEAD& SERVICES BY %OF GRAND
TASK row totals) STAFF HOURS PAYROLL FRINGE BENEFITS FIXED FEE OTHERS TOTAL TOTAL
Project Management&Administration 118 5,435 10,474 1,793 17,702 13 12%
Construction Layout 64 2,357 4,542 778 7,677 5.69%
Construction Observation&Administration 702 24,695 47,593 8,149 9.403 89,840 66.60%
Pay Estimates 60 2,402 4,629 793 7,824 5 80%
Project Closeout 52 2.142 4,128 707 6.977 5 17%
Subconsultant DL $0.00
Direct Costs Total=__> $0.00 $4,875.00 3 61%
TOTALS 1 9961 37,031 1 71,366 1 12,220 1 9,403 134,895 100 00%
108397
Printed 2/22/2023 423 PM BLR 05514(Rev 02/09/23)
Page 1 of 1 AVG 1
Local Public Agency County Section Number
City of Elgin lKane 23-00202-00-RS
Consultant I Subconsultant Name Job Number
N/A
AVERAGE HOURLY PROJECT RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET
SHEET 1 OF 1
Project Management& Construction Observation&
PAYROLL AVG TOTAL PROJ.RATES Administration Construction Layout Administration Pay Estimates Project Closeout
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
r.CLASSIFICATION RATES Pa Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
E-4 Senior Principal 8600 160 1 6'% 1 38 6 6 78% 5 83 4 6 67% 5 73 4 7 69% 6 62
E-3 Principal 71 33 00
E-2 Senior Project Manager r3492
00
E-1 Project Manager 98 0 9 84% 4 93 62 52 54% 26 35 8 12 50% 627 12 1 71% 086 8 13 33% 6 69 8 15 38% 7 71
P-6 Sr Project Engineer/Planner/Surveyor II 00
P-5 Sr Project Engineer/Planner/Surveyor 1 00
PA Project Engineer/Planner/Surveyor 8700 8735% 30 50 40 33 90% 11 84 56 87 50°/ 30 55 690 9829% 3432 44 73 33% 2561 40 76 92% 26 86
T-6 Sr Project Technician II 00
T-5 Sr Project Technician 1 41 88 0 0
T-4 Project Technician 3623 00
T-3 Senior Technician 28 39 00
T-2 Technician 2506 00
A-3 Administrative Assistant 30 12 120 1 20% 036 8 6 78% 2 04 4 6 67% 2 01
A-4 Executive Administrative Assistant 43 34 00
00
30
00
00
00
D0
00
00
00
00
00
00
00
TOTALS 960 100% $37 18 lie 0 100 00% $46 06 64 0 100% $36 82 702 0 100% $35 18 60 0 100% $40 03 52 0 100% $41 19
Printed 2/22/2023 4:23 PM BLR 05514(Rev 02/09/23)
Page 1 of 1 AVG 1
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Engineering Enterprises, Inc. DATE: January 2023 EXHIBIT E N
52 Wheeler Road
PROJECT NO taczzoz LOCATION MAP
Sugar Grove, Illinois 60554 BY MJT j)
(630) 466-6700 PA- E LG I N
www.eeiweb.com FILE
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