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HomeMy WebLinkAbout25-50 Resolution No. 25-50 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE LINCOLN AVENUE STORMWATER IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with HR Green, Inc., for professional services in connection with the Lincoln Avenue stormwater improvements, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 12, 2025 Adopted: March 12, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 12 day of March , 2025,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and HR GREEN, INC., an Iowa corporation, authorized to do business in the State of Illinois; (hereinafter referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Lincoln Avenue Stormwater Improvements (hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Public Services Director of the CITY, herein after referred to as the"DIRECTOR". B. Services to be provided by the ENGINEER include: • Project Administration and Meetings • Topographic Survey • Environmental Services • Design,Contract Plans and Specifications • Permitting • Bidding Support • Quality Assurance and Quality Control Reviews C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided as follows: a. Notice to Proceed March 13,2025 b. Topographic and Environmental Surveys March—April 2025 c. Design and Specifications April—September 2025 d. Permitting June—August 2025 e. Bidding September-October 2025 B. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right,title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be paid at the rate of 3.23 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $99,995.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR,and approved by way of written amendment to this Agreement executed by the parties. A detailed cost breakdown for the PROJECT is attached as Attachment C and incorporated into this Agreement by reference. B. For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 0%. The cost of any such outside services is included within the total not-to-exceed amount of$99,995.00 provided for in Section 4A above. C. The cost of any reimbursable expenses such as travel,printing,and permitting fees is included within the total not-to-exceed amount of$99,995.00 provided for in Section 4A above. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic -2 - payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Date Estimated Percent Estimated Invoice Value Estimated Value of Work Complete Completed 3/28/2025 5.0% $5,139.00 $5,139.00 4/30/2025 15.0% $14,978.00 $20,117.00 5/30/2025 19.9% $19,927.00 $40,044.00 6/30/2025 13.1% $13,117.00 $53,161.00 7/31/2025 13.1% $13,117.00 $66,278.00 8/29/2025 16.9% $16,878.00 $83,156.00 9/30/2025 10.5% $10,495.00 $93,651.00 10/31/2025 6.3% $6,344.00 $99,995.00 TOTAL 100% $99,995.00 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports(2C above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under section 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM -3 - If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act(50 ILCS 501/1,et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this section shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and hold harmless the CITY, its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith,including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. -4- 12. INSURANCE The ENGINEER shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled"Indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30)days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION/AFFIRMATIVE ACTION - 5 - The ENGINEER will not discriminate against any employer or applicant for employment because of race,color,religion,sex,national origin,age,ancestry,order of protection status,familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. ENGINEER shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. ENGINEER shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976,as amended, is hereby incorporated by reference, as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of race, color, religion,sex,national origin,age,ancestry,order of protection status,familial status,marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY -6- The parties intend and agreed that, if any section,sub-section,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several sections of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract,the ENGINEER shall have written sexual harassment policies that include, at a minimum,the following information: -7- A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request(775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: B. As to ENGINEER Mike Pubentz,P.E. Logan Gilbertson,P.E.,CFM Public Services Director Regional Manager City of Elgin HR Green, Inc. 150 Dexter Court 1391 Corporate Dr. Suite 203 Elgin, IL 60120-5555 McHenry, IL 60050 -8 - 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. ENGINEER shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: 3� / 1 By: -747c71/P City Manager Name/Print: Logan Gilbertson. P.E..CFM Title: Regional Manager t t: '11 ) City Clerk - 9- ATTACHMENT A SCOPE OF SERVICES FOR 392 LINCOLN AVENUE DRAINAGE IMPROVEMENTS CITY OF ELGIN Prepared for: Mr. Mike Pubentz, P.E. Public Services Director City of Elgin 1900 Holmes Road Elgin, Illinois 60123-1200 Phone: 847.931.5968 Prepared by: Logan Gilbertsen, P.E., CFM Regional Manager- Illinois Water Resources HR Green, Inc. 1391 Corporate Drive, Suite 203 McHenry, IL 60050 Phone: 815.759.8370 February 6, 2025 HR Green Project Number: 200630.03 Version2.3 02052021 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CITY RESPONSIBILITIES Version2.3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A—Scope of Services 200630.03 February 6, 2025 Page 1 of 10 1.0 Project Understanding 1.1 General Understanding HR Green, Inc. (CONSULTANT) is being retained by the City of Elgin, Illinois (CITY)to provide professional engineering services to prepare contract plans and specifications for drainage improvements near the residence of 392 Lincoln Avenue within the City of Elgin. The project location is pictured in Figure 1 below. The area surrounding the 392 Lincoln Avenue property drains to a storm sewer along Lincoln Avenue that eventually conveys stormwater flows to a 20-inch diameter storm sewer that conveys flows south along St. John Street (via August Ave. and Lovell St.). The CITY added a high-capacity storm inlet on Lincoln Avenue near the 392 Lincoln Avenue property in 2020. CONSULTANT completed a drainage study of the area in 2023 and made recommendations that included purchasing up to three properties, storm sewer modifications and construction of a stormwater detention facility. t b;r, 435 8P. -.., I--- a,,!, , ! , 827 1 83' 'i'C r -- - -' i-, rF . — A?! 820 ~ 827 t. 821 820 __ 1_. d., urs 813 al? - Hlo --_ --- -- --- - • pn8 8� 8,r 0_ F'r 808 i �.rr 3l7 F4 _— r 4 432 E05 482 4t , -- - _- --1 tom_ incoll 73-8 73! 734 '3y 794 J7 441 q:".._I 3f 1750 i 409 —__-I f, ---- I, Figure 1:Project Location-392 Lincoln Avenue 1.2 Design Criteria/Assumptions The following assumptions have been made in preparing this scope: • The proposed improvements are funded utilizing the CITY's general funds and no grants are being utilized. • The proposed improvements will outlet to the CITY's storm sewer system. The project will not result in increases in flow and therefore no additional detailed modeling of the downstream system will be required. The local storm sewer will be modeled in the as- designed condition to confirm the level of service anticipated. Version2.3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A-Scope of Services 200630.03 February 6,2025 Page 2 of 10 • CONSULTANT will submit a JULIE design ticket to obtain maps from applicable franchise utilities. The design ticket will be used to reach out to existing utility companies. • CONSULTANT reviewed the Flood Insurance Rate Map (FIRM) and found that no FEMA flood study exists for the project location. Therefore, floodplain permitting is not included in the scope of the project. • The improvements will be located in an existing right-of-way(ROW)and on up to three (3) properties that have been identified for purchase by CITY. It is assumed that CITY will purchase and demolish up to three (3) properties. It is assumed that no other utilities exist within the private property and no other utility relocations (water/sanitary) or franchise utilities will be required. • Based on CITY GIS data, many homes in the vicinity of this project have lead service lines. Per CITY data, two (2) parcels identified for potential purchase have a lead service. This service is assumed to be removed during the demolition of the home by others. Per the CITY GIS data, one (1) parcel has a copper water service line. Other adjacent properties are known to have lead service lines. If these services are impacted by the proposed improvements it is assumed that the services will be replaced from the main to the meter. • The contract plans and specifications and construction pay items will generally be those meeting the Illinois Department of Transportation (IDOT) Standard Specifications for Road and Bridge Construction in Illinois (SSRBC). CITY details will be used where applicable. • It is assumed that CITY will negotiate and complete any additional temporary or permanent easement and property acquisitions needed for this project prior to bidding. 2.0 Scope of Services The scope of work for professional engineering services includes the following tasks and is further detailed below: • Project Administration and Meetings • Topographic Survey Services • Environmental Services • Contract Plans and Specifications • Permit Applications • Bidding Support Version2.3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A—Scope of Services 200630.03 February 6, 2025 Page 3 of 10 2.1 Project Administration and Meetings Project Administration and Coordination will involve the management oversight of the project which will include the on-going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between CONSULTANT, CITY and prospective contractors. Project coordination work will include: 1. Attendance at one kickoff meeting. Within 7 days of the Notice to Proceed, CONSULTANT will schedule and conduct a project kickoff meeting. CONSULTANT will prepare an agenda which shall include items pertaining to: o Project schedule. o Roles and responsibilities of the parties. o Points of contact. o Key milestones and deliverables. o Communication plan. o Discussion of items identified in project design considerations for determining project goals and objectives, design criteria, etc. Other items as deemed necessary and requested by CITY 2. Attendance at one (1) coordination meeting to review the engineering and contract documents prior to the bid opening. It is anticipated that this meeting will take place after the submittal of the Preliminary plans to CITY. CONSULTANT will prepare a meeting agenda and sign-in sheet. 3. CONSULTANT will prepare/distribute meeting minutes of all meetings attended which will detail the discussions of attendees along with the action required of the attendees. 4. General correspondence between CONSULTANT and CITY as well as permitting agencies. 5. The Project Manager will send the CITY a weekly email update briefly discussing the work completed during that week and the work planned for the following week. 2.2 Topographic Survey The following survey services will be provided: 2.2.a Right of Way (ROW) Survey: A ROW survey will recover existing ROW or parcel lines evidence for approximately 350 feet along Lincoln Avenue, 250 feet along Logan Avenue, and adjacent parcel lines lying north and west of the intersection of Lincoln Avenue and Logan Avenue within the limits shown on Figure 2. The existing ROW or parcel lines will be calculated based on recorded dedication plats and/or recorded subdivision plats to include on the base map. Version2 3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A—Scope of Services 200630.03 February 6, 2025 Page 4 of 10 03 C — co 827 828 O 827 830 J — -- . Q --- 821 820 871 822 813 816 815 814 — -- Survey Limits 809 )9.11 808 392 398 -- 8C; 803 416 514 15 Figure 2.Limits of survey 2.2.b Topographic Survey: A topographic survey will include the area lying within the limits described above and shown on Figure 2 being approximately 1.5 acres. The topographic survey will include cross-sections at 50-foot intervals and extend a minimum of 10 feet beyond the existing ROW lines or to relevant topographic features shown on Figure 2. The survey will include visible existing features and improvements. Existing utilities will be surveyed from visible flags or markings. Storm, sanitary sewer and watermain structures (not previously surveyed) will be surveyed, including rim elevation, invert elevation, pipe size, direction and elevation as observed at unlocked manholes. Trees lying within the limits described above and having a diameter of six (6) inches or greater will be located, but the species will not be identified. The survey will reference existing NGS control stations, Illinois State Plane Coordinate System East Zone NAD83 (2011) and NAVD88 (US Survey Feet). 2.2.c Base Map: A survey base drawing will be generated of the existing features collected within the limits described above, and TIN including approximate one-foot contours, according to IDOT standards. The base map will be completed in AutoCAD CiviI3D release 2023 for use in CONSULTANT'S internal design. 2.2.d Plat of Survey: CONSULTANT will prepare a plat of survey for up to three (3) parcels in Elgin, Illinois. Survey will be based upon legal description provided by CITY. Parcel corners not found will be re-established with 5/8- steel bars or other suitable markers. Final drafting will be completed according to Illinois Standards for Boundary Surveys with existing visible improvements shown along the exterior boundary. The drawing will be completed in AutoCAD Civil 3D release 2023. CONSULTANT will furnish the CITY with five (5) hard copy documents and a PDF file of the survey. Version2.3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A—Scope of Services 200630.03 February 6, 2025 Page 5 of 10 2.3 Environmental Services The following environmental services will be provided: 2.3.a Soils Testing: CONSULTANT will utilize a SUB-CONSULTANT to complete up to two (2) soil borings and one (1) pavement cores on the site. It is assumed that the borings will be to a depth of fifteen (15)feet below existing grade. Soil sampling will include split-barrel samples (ASTM D 1586) or thin-walled tube samples on cohesive soils (ASTM D 1587) at 2 '/2 - foot intervals to a depth of 15 feet. If unsuitable bearing soils are encountered within the borings will be extended an additional 5 feet to attempt to end the borings in suitable soils. If unsuitable soils persist at the end of an additional 5 feet the CITY will be contacted prior to demobilizing. Unsuitable soils will be defined by field personnel using the following criteria: • Cohesive soils with an N value less than or equal to 6. • Granular soils with an N-value less than 10. • Black cohesive or silty soil with visible signs of organic matter and /or organic odor and low blow counts as described above. Upon completion of drilling, the borings will be backfilled with soil cuttings and capped with similar existing material. Some damage to ground surface may result from the drilling operations near the work areas and along ingress/egress pathways. SUB-CONSULTANT will attempt to minimize such damage, but no restoration other than backfilling the soil test borings is included. It should be noted that over time, some settlement may occur in the bore hole. The soil samples obtained during the field exploration program will be transported to the laboratory for classification and a limited number of laboratory tests. The nature and extent of the laboratory testing program is at the discretion of SUB-CONSULTANT and will depend upon the subsurface conditions encountered during drilling. The soil borings and pavement cores are proposed to take place within the ROW and on parcels identified for potential acquisition. As a result of legislation enacted by the Illinois General Assembly and signed into law on July 30, 2010, by the Governor of Illinois, Public Act 096-1416, regulating disposal of Clean Construction or Demolition Debris(CCDD), disposal of construction or demolition debris requires a certification from an Illinois registered Professional Engineer that soils generated during construction activities are uncontaminated. The proposed geotechnical borings are to be screened onsite using a Photo Ionization Detector (PID)for presence of Volatile Organic Compounds (VOC's). Up to two (2) soil samples will be submitted to a certified laboratory qualified to test the soil for the Illinois Environmental Protection Agency (IEPA) Site Remediation Program Target Compound List. The laboratory results will be compared to Part 742, Tier Approach to Corrective Action Objectives (TACO), Table A. Based on the results of environmental records review and soil sampling, SUB- CONSULTANT will provide Professional Engineer (P.E.) certification for the soils generated during construction activities that are appropriate for disposal at a permitted CCDD facility. The P.E. certification will be provided on Illinois Environmental Protection Agency form LPC-663. Version2.3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A—Scope of Services 200630.03 February 6, 2025 Page 6 of 10 If contaminants are found, then additional testing may be required outside the scope of this project. Additional testing may include additional borings, supplemental PESA and PSI which are not included in this scope. Additional soils investigations can be provided for an additional fee. A signed and sealed geotechnical report will be provided to CITY summarizing the results of the borings. 2.4 Design, Contract Plans and Specifications CONSULTANT will prepare and submit an electronic copy of the Preliminary(60%) Design Plans, Pre-Final (90%) Design Plans, and Final for bidding documents to CITY for review and comment. CONSULTANT will submit for permits with the preliminary plans. Comments received from CITY and permitting agencies will be addressed prior to the completion of the final plans. The Final Design Plan will be stamped by an Illinois Licensed Engineer. CONSULTANT will update the existing hydrologic and hydraulic modeling previously prepared by CONSULTANT and will use the updated modeling to confirm the level of services provided by the as-designed improvements. Based on CITY GIS data, many homes in the vicinity of this project have lead service lines. CONSULTANT has previously recommended the acquisition of up to three (3) properties. Per CITY data, two (2) of the properties have a lead service. This service is assumed to be removed to the b-box during the demolition of the home by others. Contract plans will include removal of the service from the b-box to the main. Other lead services that are impacted by storm sewer improvements or the project will be identified for removal and replacement from the main to the meter. 2.4.a Hydrologic and Hydraulic Design — CONSULTANT completed a hydrologic and hydraulic model during the preparation of the 2023 Technical Memorandum. CITY has requested that Alternative A as identified in the memorandum be used as the basis of design for the contract plans. CONSULTANT will present to CITY an updated concept design exhibit depicting the as- designed conditions and will provide CITY with the anticipated level of service that the as- designed improvements will provide. Upon approval from CITY, CONSULTANT will proceed with Contract Plan preparation. 2.4.b Preliminary (60%) Design Phase —The following scope of services will be provided: • Document Preparation: Prepare Preliminary (60%) Design Phase documents consisting of design criteria, preliminary drawings and outline of specifications. The project design and construction specifications will be in accordance with CITY requirements and standards; also IDOT and Illinois Urban Manual design standards and requirements. The plans shall include: Cover Standard notes and specifications Quantities Existing conditions o Tree preservation, tree removal and demolition plan o Proposed improvement plan (including proposed basin grading, storm sewer profile and alignments) o Typical sections and details. Version2.3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A—Scope of Services 200630.03 February 6, 2025 Page 7 of 10 • Technical Information: Provide technical criteria, written descriptions, and design data for use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project: coordinate on behalf of the CITY in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities if required. • EOPCC: Prepare and submit an Engineer's Opinion of Probable Construction Cost (EOPCC) based on preliminary (60%) design plans. • Utility Coordination: CONSULTANT will send the preliminary (60%) plans to the identified franchise utilities that are in the project limits according to the JULIE Design Ticket. Information received from franchise utilities will be used to inform the Final Design Plans. • Furnish Review Copies: CONSULTANT will provide electronic copies of the preliminary (60%) plans and EOPCC to CITY for review and comment. 2.4.c Pre-Final (90%) and Final (100%) Design Plans and Bidding Documents — The following scope of services will be provided: • Document Preparation: Pre-Final (90%) Drawings and Specifications which will meet the intent of the project. The plans shall include the items listed in the Preliminary (60%) Design Phase as well as: Erosion Control Plan o Restoration Plan C.0 Details CONSULTANT will provide special provisions for the specific pay items included in the project. CONSULTANT will utilize CITY's bidding document front end forms to prepare the bid package. • EOPCC: Prepare and submit an EOPCC based on final design plans. • Utility Coordination: CONSULTANT will send the final design plans to the identified franchise utilities that are in the project limits according to the JULIE Design Ticket. • Furnish Review Copies: CONSULTANT will provide electronic copies of the final plans and EOPCC to CITY for review and comment. Project special provisions and front-end bidding documents will be included. Upon receipt of comments from CITY, CONSULTANT will address comments and furnish CITY with Final (100%) plans, specifications and EOPCC. Version2.3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A—Scope of Services 200630.03 February 6, 2025 Page 8 of 10 2.5 Permitting CONSULTANT will prepare and submit applications to the following agencies: • IDNR EcoCAT: CONSULTANT will utilize the Illinois Department of Natural Resources (IDNR) online EcoCAT (Ecological Compliance Assessment Tool) to obtain a consultation regarding the potential impacts from the proposed activity on Illinois endangered and threatened species and sites listed on the Illinois Natural Areas Inventory. It is assumed that the consultation will be obtained without additional studies and/or field archeological or cultural resource surveys. Any additional studies for threatened or endangered species will be considered out of the scope of this contract and will require an amendment to this contract. The IDNR EcoCAT service requires a review fee. This review fee, based on the current fee schedule at the time of this proposal, is estimated to cost approximately $127.00 and is included in this contract. Review fees, if different from estimated fees, will be the responsibility of CITY. An EcoCAT consultation is required as part of the IEPA's Notice of Intent under the ILR-10. • State Historic Preservation Office (SHPO): A review by SHPO is required as part of the IEPA's NOI for coverage under the ILR-10. CONSULTANT will prepare a review request letter and exhibits and submit to SHPO on CITY's behalf. There is no review fee for this service. A SHPO consultation is required as part of the IEPA's Notice of Intent under the ILR-10 • IEPA NOI and Stormwater Pollution Prevention Plan: CONSULTANT will prepare and submit a Notice of Intent (NOI) and a Storm Water Pollution Prevention Plan for the project. The plans will be prepared to comply with the provisions of the Statewide NPDES Permit Number ILR10 for Storm Water Discharges from Construction Site Activities, and include a site description, planned controls, proposed maintenance practices, erosion control inspection procedures, application of non-storm water discharge measures, Contractor Certification Statement. CONSULTANT will prepare a Notice of Intent (NOI) for submittal to the Illinois Environmental Protection Agency (IEPA) for coverage under the ILR10 General NPDES Permit. CITY is an MS4 community and therefore the IEPA does not charge a fee for submitting an NOI under the ILR10. • City of Elgin Stormwater Permit: Based on review of the Kane County Stormwater Management Ordinance, it is assumed that coordination and a permit will be required from the CITY. CONSULTANT will prepare a permit submittal and submit to CITY for review and permit. It is assumed that no review fee will be required. 2.6 Bidding Support It is understood that CITY will manage bidding for this project. The scope of work will include coordinating with the CITY procurement department for bid advertisement and issuance of bid documents, which typically include construction plans and specifications, bid forms, instructions to bidders, bonding and insurance requirements and applicable state or federal compliance. During the bidding period, CONSULTANT will answer questions raised by potential bidders and issue any addenda, if necessary. CONSULTANT will review bid tabulations completed by the CITY of bids received and opened at the bid opening, complete reference checks and prepare a recommendation for award to the lowest responsible bidder. Version2.3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A—Scope of Services 200630.03 February 6, 2025 Page 9 of 10 2.7 Quality Assurance and Quality Control (QA/QC) Reviews This item will include QA/QC of the deliverables at the following milestones: • Preliminary (60%) Contract Plans and Specifications. The QA/QC at this submittal shall include a plan in hand review for constructability. • Pre-Final (90%) Contract Plans and specifications. • Permit Submittals. 2.8 Additional Services This item will include additional services as requested by CITY. A budget of $10,000.00 will be available to CONSULTANT to complete additional services deemed necessary by CITY during the design. CONSULTANT may not access this budget without prior written approval from CITY. 3.0 Deliverables and Schedules Included in this Agreement The following deliverables are included in the scope and fee: • Electronic pdf copies of the prefinal and final Contract Plans, Specifications and EOPCC to CITY. • Permit submittals to the regulatory agencies per the applicable requirements of the regulatory agencies. An electronic copy of all regulatory permit submittals will be submitted to CITY. Upon receipt of permits, a copy of the permit will be provided to CITY. The project schedule is to complete contract plans and specifications within approximately 6 months from the Notice to proceed(NTP)with an anticipated Fall 2025 bid letting and potentially Fall 2025 construction. A detailed schedule will be developed at the project kickoff. The schedule will assume reasonable allowances for review and approval times required by CITY and public authorities having jurisdiction over the project. The schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by CITY or for delays or other causes beyond the control of CONSULTANT. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: • Topographic Survey, beyond specified in the scope of services • Cleaning and televising of underground utilities • Permitting and permitting fees beyond those identified above • Traffic Studies and/or Roadway Geometric Design • Threatened and Endangered Species surveys • Architectural and/or Historical District Coordination and Survey • Archeological and/or Cultural Surveys • Appraisals and Negotiations • ALTA/NSPS Land Title Surveys • Plat of Highways, Right-of-Way Plats, Easements Version2.3 02052021 392 Lincoln Avenue Drainage Improvements ATTACHMENT A—Scope of Services 200630.03 February 6, 2025 Page 10 of 10 • Construction Phase Services • Tree Inventory • Wire Height Survey • Lead Service Replacement outside of the project limits Supplemental services not included in the AGREEMENT can be provided by CONSULTANT under separate agreement, if desired. 5.0 Services by Others The following sub consultants are anticipated to provide the following services: Midland Standard Engineering & Testing, Inc. (MSET) • Geotechnical Investigations and report • CCDD Certification: 6.0 Client Responsibilities CITY shall complete the following activities: • Provide relevant GIS information as required for the project; • Provide electronic files of plans and/or as built of previously completed or proposed improvements for water, sanitary, and storm; • Conduct any necessary sewer cleaning and televising as needed; • Coordinate and negotiate easements, property acquisitions from the property owners as needed; • Purchase and demolition of up to three (3) properties; • Provide lead service information; • Coordinate or discussion of scheduled Road Programs; and • Provide review comments and participate in meetings, as needed Version2.3 02052021 ATTACHMENT B SCHEDULE 392 Lincoln Avenue Drainage Improvements Task Start Date End Date Task 2.1-Project Administration and Meetings March 12,2025 October 8,2025 Task 2.2-Topographic Survey March 26,2025 April 16,2025 Task 2.3-Environmental Services March 26,2025 April 16,2025 Task 2.4-Contract Plans and Specifications - - Preliminary Contract Plans and Specifications April 23,2025 June 7,2025 Pre-Final Contract Plans and Specifications June 21,2025 August 5,2025 Final Contract Plans and Specifications August 19,2025 September 9,2025 Task 2.5-Permit Clearing June 14,2025 August 19,2025 Task 2.6-Bidding Services September 9,2025 October 8,2025 Task 2.7-Additional Services Varies Varies This schedule was prepared to include reasonable allowances for review and approval times required by the CITY.This schedule shall be equitably adjusted as the project progresses,allowing for changes in the scope of the project requested by the CITY or for delays or other causes beyond the control of ENGINEER. It is assumed that submittals to CITY will require up to two(2)weeks to review and provide input. ATTACHMENT C FEE MAN-HOUR AND FEE ESTIMATE 392 Lincoln Avenue Drainage Improvements Task Descriptions I Hours Labor Fee Direct Costs& Task Total Cost Sub Consultants Task 2.1-Project Administration and Meetings 2.1.1 Project Management 8 $1,376 $0 $1,376 2.1.2 KO Meeting/Status Meeting 10 $1,827 $74 $1,901 2.1.3 Status Meetings and Weekly Emails 10 $1,827 $74 $1,901 Sub-Total 28 $5,030 $148 $5,178 Task 2.2-Topographic Survey 2.2.1 ROW 16 $2,470 $40 $2,510 2.2.2 Topographic 24 $3,660 $80 $3,740 2.2.3 Base Map 18 $3,230 $0 $3,230 2.2.4 Plats and Title 18 $2,952 $1,800 $4,752 Sub-Total 76 $12,312 $1,920 $14,232 Task 2.3-Environmental Services 2.3.1 Soil Boring and Testing 2 $470 $5,600 $6,070 Sub-Total 2 $470 $5,600 $6,070 Task 2.4-Contract Plans and Specifications 2.4.1 Pre-Final Plan Set 126 $20,874 $130 $21,004 2.4.2 Pre-Final Spec Manual 34 $5,718 $0 $5,718 2.4.3 Pre-Final OPC 13 $2,073 $0 $2,073 2.4.4 Final Plan Set 70 $11,954 SO $11,954 2.4.5 Final Spec Manual 22 $3,698 $0 $3,698 2.4.6 Final OPC 11 $1,823 $0 $1,823 2.4.1 Preliminary Plan Set 21 $3,617 SO $3,617 2.4.2 Preliminary Spec Manual 9 $1,547 $0 $1,547 2.4.3 Preliminary OPC 6 $1,010 $0 $1,010 Sub-Total 312 $52,314 $130 $52,444 Task 2.5-Permit Clearing 2.5.1 SHPO 2 $302 $0 $302 2.5.2 IDNR EcoCAT 2 $302 $127 $429 2.5.3 Utility Coord 20 $3,318 $0 $3,318 2.5.4 City Stormwater Permit 6 $1,074 $0 $1,074 2.5.5 SWPPP 5 $768 $0 $768 2.5.6 IEPA NOI 3 $492 $0 $492 Sub-Total 38 $6,256 $127 $6,383 Task 2.6-Bidding Services 2.6.1 Bid Documents 18 $3,406 $0 $3,406 2.6.2 Bidder Questions i 4 $864 50 $864 2.6.3 Bid Opening,Tab&Recommendation 8 $1,376 $42 $1,418 Sub-Total 30 $5,646 $42 $5,688 Task 2.7-Additional Services 2.7.1 Items ordered by CITY 0 $10,000 $0 $10,000 Sub-Total 0 $10,000 $0 $10,000 'GRAND TOTAL FOR PROJECT 486 $92,028.00 $7,967.00 $99,995.00