HomeMy WebLinkAbout25-51 Resolution No. 25-51
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE PRESTON AVENUE AND
COOPER AVENUE INTERSECTION 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 Preston Avenue and Cooper Avenue
intersection 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 Preston Avenue and Cooper Avenue Intersection 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—October 2025
d. Permitting July—September 2025
e. Bidding October-November 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 $250,903.00 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$250,903.00
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$250,903.00 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
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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 6.9% $17,330.00 $17,330.00
4/30/2025 6.9% $ 17,330.00 $34,660.00
5/30/2025 11.3% $28,216.00 $62,876.00
6/30/2025 12.8% $32,138.00 $95,014.00
7/31/2025 17.5% $43,905.00 $ 138,919.00
8/29/2025 12.8% $32,138.00 $ 171,057.00
9/30/2025 19.2% $48,216.00 $219,273.00
10/31/2025 $ 8.9% $22,333.00 241,606.00
11/30/2025 3.7% $9,297.00 $250,903.00
TOTAL 100% $250,903.00
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
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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.
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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
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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
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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:
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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
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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:
By:Y
City Nlanauer
Name/Print: Ajav Jain,P.E.,CFM
Title: President
Attes .
Cite 'leek
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ATTACHMENT A
SCOPE OF SERVICES
FOR
PRESTON AVENUE AND COOPER 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: 200630.02
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
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Preston and Cooper Drainage Improvements
ATTACHMENT A—Scope of Services
200630.02
February 6, 2025
Page 1 of 11
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 intersection of Preston Avenue and Cooper Avenue
within the City of Elgin. The project location is pictured in Figure 1 below.
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p o c
O O
Figure 1-Project Location -Intersection of Preston Avenue and Cooper Avenue
Frequent flooding occurs at the intersection of Preston Avenue and Cooper Avenue. The
intersection is low in elevation compared to the area around it. Flooding is often over a foot
deep in the road, with inundation spreading beyond the right of way and damaging vehicles
and structures. The intersection is generally drained by storm sewers along Cooper Avenue
and Bellevue Avenue which convey runoff to the Fox River. The total watershed to the study
area is approximately 212 acres of developed area that consists of primarily residential land
use with some commercially zoned parcels. CONSULTANT completed a drainage study of
the area in 2023 and made recommendations that included storm sewer modifications and
construction of a stormwater detention facility.
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.
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Preston and Cooper Drainage Improvements
ATTACHMENT A—Scope of Services
200630.02
February 6,2025
Page 2 of 11
• The proposed improvements will outlet to the CITY's storm sewer system. The project
will not result in increases in flow and therefore no detailed modeling of the downstream
system will be required.
• 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 work will be located in an existing right-of-way(ROW)and on vacant property that
is assumed owned by the CITY. Preliminary research during the study phase of this
project was unable to locate confirmation that CITY owns the existing vacant parcel.
CITY intended to continue to research the ownership within their files.
• 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.
• Based on a review of CITY's GIS data depicted in Figure 2 below, it appears that
numerous homes within the project limits have lead service lines. It is assumed that
these service lines will require replacement as part of the storm sewer improvement
project. In addition to replacing the services lines, it is assumed that the water mains
in this area are aging and would benefit from replacement.
• • • • •• • • • • •• • • • • •
•
• • • • • • • • • • • . • • • • • •
•Both the public and private side have • •
copper or ductile iron. is • •
• • • • • • • •• • • • • •
•Public and the private side is either non-
•
!ead or unknown - • • • • • • • • • • • • • • •
• •
Lead • • •
•Lead is present in either the public or •
private side • • •• • • • • • • • . • • • •
Some terms to know
•Public side means City owned The •
pipe extending from the water main • • • •• • • • • • • •
to your shut-off valve
Figure 2:Lead Service Inventory
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Preston and Cooper Drainage Improvements
ATTACHMENT A—Scope of Services
200630.02
February 6,2025
Page 3 of 11
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
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.
o 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 CITY a weekly email update briefly discussing the work
completed during that week and the work planned for the following week.
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Preston and Cooper Drainage Improvements
ATTACHMENT A—Scope of Services
200630.02
February 6. 2025
Page 4 of 11
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 850 feet along Cooper Avenue, 590 feet along Page Avenue, 780 feet
along Preston Avenue and adjacent parcel lines lying within the vacant parcel east of Page
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.
.‘,
1
4�l
Figure 3.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 7.0 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 Civil3D release 2021 for use in
CONSULTANT'S internal design.
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Preston and Cooper Drainage Improvements
ATTACHMENT A—Scope of Services
200630.02
February 6,2025
Page 5 of 11
2.3 Environmental Services
The following environmental services will be provided:
2.3.a Soils Testing: CONSULTANT will utilize SUB-CONSULTANT to complete up to four(4)
soil borings and three (3) 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 following soil borings and pavement cores are proposed:
• One soil boring and pavement core along Cooper Avenue east of Preston Avenue.
• One soil boring and pavement core along Page Avenue east of Preston Avenue.
• One soil boring and pavement core along Preston Avenue south of Keep Avenue.
• One soil boring in the vacant parcel east of Page Avenue.
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 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.
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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.
2.4 Design, Contract Plans and Specifications
CONSULTANT will update the existing hydrologic and hydraulic modeling previously prepared by
CONSULTANT and will use the updated modeling to inform, prepare and submit an electronic
copy of the Preliminary (60%) Design Plans, Pre-Final (90%) Design Plans and Final (100%)
Design Plans and 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.
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 depicted below in Figure 3 and 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 improvements will provide. Upon approval from CITY, CONSULTANT
will proceed with Contract Plan preparation.
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Figure 4:Recommended alternative from 2023 study
2.4.b Preliminary (60%) Design Phase —The following scope of services will be provided:
• Document Preparation: Prepare Preliminary Design Phase documents consisting of
design criteria, preliminary drawings, outline of specifications, and written descriptions of
the project. 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:
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ATTACHMENT A—Scope of Services
200630.02
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Civil Engineering Sheets:
• Cover Sheet
• Sheet Index Sheet
• Overall Plan, Alignments, and Benchmarks Sheet(s)
• Typical Existing and Proposed Sections for Cooper Avenue Sheet(s)
• Typical Existing and Proposed Sections for Page Avenue Sheet(s)
• Existing Conditions Sheets
• Demolition and Tree Removal Plan Sheets
• Plan and Profile (Cooper Avenue) Sheets
• Plan and Profile (Page Avenue) Sheet
• Plan and Profile (Preston Avenue) Sheets
• Plan and Profile (Proposed Basin) Sheet
• Restoration Plan Sheets including pavement marking
• Cross Sections (Cooper Avenue, Page Avenue) Sheets
• Cross Sections (Proposed Basin) Sheets
• 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 design plans.
• Utility Coordination: CONSULTANT will send the preliminary 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
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:
• Soil Boring and Pavement Core Logs Sheets
• PROWAG Construction Details
• Erosion Control Plan
• Restoration Plan
• 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.
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The specification will be advanced and based on IDOT MFT Maintenance Assemblage
guidelines. The recurring and supplemental specifications check sheets and special
provisions, BDE check sheets and special provisions, and Local Road special provisions
will be added to the end of the special provisions. The geotechnical report, LPC-663 and
its analysis, and draft SWPPP will be added after the previously mentioned check sheets
and special provisions.
• 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.
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
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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.
• Water and Sewer Permitting: COMPANY will apply for construction permits through
the Illinois EPA for a Water Construction Permit. It is assumed that the application will
require Schedules A and B.
COMPANY does not guarantee approval of permit. Applications will be prepared based on the
agency's published criteria and generally accepted practices and up to two (2) resubmittals are
included to respond to review comments. Additional studies and coordination other than those
included in the contract can be provided for an additional fee.
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.
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 $20,000.00 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.
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200630.02
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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
8 months from the Notice to proceed(NTP)with an anticipated Fall 2025 bid letting and potentially
Spring 2026 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
• Right-of-Way Plats, Plat of Dedication, Plats of Survey and/or Plats of Easement
• Appraisals and Negotiations
• ALTA/NSPS Land Title Surveys
• Plat of Highways
• Construction Phase Services
• Tree Inventory
• Wire Height Survey
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
• CCDD Certification:
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200630.02
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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;
• Confirm ownership of the vacant parcel east of Page Avenue
• Provide televising of sanitary sewer
• Provide information related to the age, material and location of water mains
• Conduct any necessary sewer cleaning and televising as needed;
• Coordinate and negotiate easements, property acquisitions from the property
owners as needed; and
• Provide review comments and participate in meetings, as needed
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ATTACHMENT B
SCHEDULE
Preston Avenue and Cooper Avenue Drainage Improvements
Task Start Date End Date
Task 2.1 - Project Administration and Meetings March 12, 2025 November 7, 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 - -
Pre-Final Contract Plans and Specifications April 23, 2025 June 22, 2025
Pre-Final Contract Plans and Specifications July 6, 2025 September 4, 2025
Final Contract Plans and Specifications September 18, 2025 October 16, 2025
Task 2.5 - Permit Clearing June 29, 2025 September 18, 2025
Task 2.6- Bidding Services October 16, 2025 November 7, 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
Preston Avenue and Cooper Avenue Drainage Improvements
Task Descriptions Hours Labor Fee Direct Costs& Task Total Cost
Sub Consultants
Task 2.1-Project Administration and Meetings
2.1.1 Project Management 14 $2,786 $0 $2,786
2.1.2 KO Meeting/Status Meeting 12 $2,316 $74 $2,390
2.1.3 Status Meetings and Weekly Emails 12 $2,316 $74 $2,390
Sub-Total 38 $7,418 $148 $7,566
Task 2.2-Topographic Survey
2.2.1 ROW 28 $4,240 $80 $4,320
2.2.2 Topographic 76 $11,110 $278 $11,388
2.2.3 Base Map 26 $4,630 $0 $4,630
Sub-Total 130 $19,980 $358 $20,338
Task 2.3-Environmental Services
2.3.1 Soil Boring and Testing 4 $940 $11,700 $12,640
Sub-Total 4 $940 $11,700 $12,640
Task 2.4-Contract Plans and Specifications
2.4.1 H&H model Update 30 $5,706 $0 $5,706
2.4.2 Preliminary Plan Set 224 $40,336 $0 $40,336
2.4.3 Preliminary Spec Manual 33 $5,635 $0 $5,635
2.4.4 Preliminary OPC 27 $4,625 $0 $4,625
2.4.5 Pre-Final Plan Set 220 $40,068 $0 $40,068
2.4.6 Pre-Final Spec Manual 24 $4,192 $0 $4,192
2.4.7 Pre-Final OPC 25 $4,155 $0 $4,155
2.4.8 Final Plan Set 314 $57,636 $0 $57,636
2.4.9 Final Spec Manual 24 $4,528 $0 $4,528
2.4.10 Final OPC 15 $2,413 $0 $2,413
Sub-Total 936 $169,294 $0 $169,294
Task 2.5-Permit Clearing
2.5.1 SHPO 4 $604 $0 $604
2.5.2 IDNR EcoCAT 2 $302 $127 $429
2.5.3 SWCD 0 $0 $0 $0
2.5.4 Utility Coord 36 $6,236 $0 $6,236
2.5.5 City Stormwater Permit 6 $1,074 $0 $1,074
2.5.6 IEPA Watermain Permit 16 $2,596 $0 $2,596
2.5.7 SWPPP 4 $552 $0 $552
2.5.8 IEPA NOI 2 $276 $0 $276
Sub-Total 70 $11,640 $127 $11,767
Task 2.6-Bidding Services
2.6.1 Bid Documents 34 $6,438 $0 $6,438
2.6.2 Bidder Questions 8 $1,880 $0 $1,880
2.6.3 Bid Opening,Tab&Recommendation 6 $906 $74 $980
Sub-Total 48 $9,224 $74 $9,298
Task 2.7-Additional Services
2.7.1 Items ordered by CITY 0 $20,000 $0 $20,000
Sub-Total 0 $20,000 $0 $20,000
GRAND TOTAL FOR PROJECT 1226 $238,496 $12,407 $250,903
Attachment D — Location Map
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