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HomeMy WebLinkAbout25-72 Resolution No. 25-72 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH CHICAGO STREET COMBINED SEWER SEPARATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with HR Green,Inc.,for professional services in connection with Chicago Street combined sewer separation project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 9, 2025 Adopted: April 9, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 9th day of April , 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 Chicago Street Combined Sewer Separation Project (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 Water Director of the CITY, hereinafter referred to as the"DIRECTOR". B. The scope of services includes providing professional consulting services to prepare contract plans and specifications and bidding documents and to provide bid award and assistance services for the PROJECT. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by reference herein. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. • Executed Agreement and Notice to Proceed—April 14,2025 • Conceptual Design(30%)—July 11,2025 • Preliminary(60%) Engineering Plans—September 12,2025 • Pre-Final (90%) Engineering Plans—November 7,2025 • Final(100%)Contract Plans—January 16, 2026 • Bid Award and Assistance—February 28,2026 B. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto,and incorporated into this Agreement by reference herein. 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 a monthly status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCT All work product prepared by the 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(Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of Eight Hundred Twenty Thousand Four Hundred and Fifty-three Dollars ($820,453.00), regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR and approved by way of written amendment to this Agreement executed by the parties.A detailed fee estimate for the PROJECT is attached hereto as Attachment C and incorporated into this Agreement by reference herein. B. For outside services provided by other firms or consultants,the CITY shall pay the invoiced fee to the ENGINEER,plus 0%. The cost of any such outside services is included within the total lump sum fee amount of Eight Hundred Twenty Thousand Four Hundred and Fifty-three Dollars ($820,453.00), provided for in Section 4A above. C. Mileage and printing costs are included as reimbursable costs. The cost of any such reimbursable expenses is included within the total lump sum fee amount of Eight Hundred Twenty Thousand Four Hundred and Fifty-three Dollars ($820,453.00), 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 payments to the ENGINEER shall not exceed the amounts shown in the following -2- schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Date Estimate Percent Estimated Value of Estimated Complete Work Complete Invoice Value 4/30/2025 10.49% $86,062.15 $86,062.15 5/31/2025 26.97% $135,248.15 $221,310.30 6/30/2025 38.69% $96,121.45 $317,431.76 7/31/2025 52.24% $111,185.11 $428,616.87 8/31/2025 66.11% $113,794.71 $542,411.58 9/30/2025 75.09% $73,632.71 $616,044.28 10/31/2025 85.39% $84,565.71 $700,609.99 11/30/2025 86.93% $12,633.94 $713,243.93 12/31/2025 95.27% $68,363.94 $781,607.87 1/31/2026 96.62% $11,101.49 $792,709.36 2/28/2026 100.00% $27,743.64 $820,453.00 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports(2C above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under section 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. -3 - 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to,the Local Government Prompt Payment Act(50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this section shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and hold harmless the CITY, its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith,including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers,employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. -4- 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE The ENGINEER shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit l'olicy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30)days prior written notice to the DIRECTOR. - 5 - 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCE& PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION/AFFIRMATIVE ACTION The ENGINEER will not discriminate against any employer or applicant for employment because of race,color,religion,sex,national origin,age,ancestry,order of protection status,familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. ENGINEER shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. ENGINEER shall distribute copies of this commitment to all persons who participate in recruitment, screening,referral and selection of job applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of race, color, religion,sex,national origin,age,ancestry,order of protection status,familial status,marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. -6- 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any section,sub-section,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several sections of this Agreement 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. -7- 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract,the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall 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. -8- 28. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: B. As to ENGINEER: Nora Bertram Ajay Jain Water Director President-Water City of Elgin HR Green, Inc. 150 Dexter Court 1391 Corporate drive., Suite 203 Elgin, Illinois 60120-5555 McHenry, IL 60050-5528 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. -9- IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE C FOR THE ENGINEER: By By: City Manager Name/Print: Aiav Jain Title: President-Water A/1613 City Clerk l_ C:\Users\baiky_k\Box\Lcgal Dept\Agrcement\BR Green Agr-Highland Basin Combined Sewer Separation-Clean-3-24-25.docx - 10- ATTACHMENT A SCOPE OF SERVICES ATTACHMENT A SCOPE OF SERVICES CHICAGO STREET COMBINED SEWER SEPARATION PROJECT (DESIGN, CONTRACT PLANS, SPECIFICATIONS AND BIDDING SERVICES) CITY OF ELGIN, IL PROJECT BACKGROUND/PROJECT UNDERSTANDING HR Green, Inc. (ENGINEER) has been retained by the City of Elgin, Illinois (CITY) to provide professional consulting services in connection with the Comprehensive Sewer Master Plan (Master Plan). As part of the preliminary work completed for the Master Plan, the Chicago St Combined Sewer Separation Project (PROJECT) within the Highland Combined Sewer Basin was identified as the design project for 2025 with an anticipated constructing in 2026. The improvement limits include construction along Chicago Street from Melrose Avenue to Union Street, along Hamilton Avenue, Crighton Avenue, and along N. Union Street, for a total of approximately 5,450' (or 1.03 miles). The improvement limits for the PROJECT are as shown in the attached exhibits. The CITY has requested that professional consulting services be provided to prepare contract plans and specifications and bidding documents and to provide bid award and assistance services for the PROJECT. Below are the proposed scope of services to be completed for the PROJECT. SCOPE OF SERVICES The scope and level of effort required is based on approximately $10.1 M to $10.4M conceptual level Engineer's Opinion of Probable Construction Costs (EOPCC), broken down into three (3) budget categories as follows: 1) Storm Sewer Separation Improvements = $4.6M to $4.7M (See Exhibit 1 for limits); • The storm sewer budget includes items such as erosion control, restoration, and other miscellaneous items. 2) Water Main Construction Improvements = $3.5M to $3.6M (See Exhibit 2 for limits); and • The water main budget includes lead service line replacements. 3) Sanitary Sewer Lining (Existing Combination Sewer) _ $2.0M to $2.1 M (See Exhibit 3 for limits) • The sanitary sewer lining budget includes the addition of lining the 36" combined sewer in Chicago between Mallery and Union. This portion of Chicago was separated as part of a previous project and CITY will televise to confirm this lining is necessary. Upon issuance of a Notice to Proceed (NTP), the ENGINEER will complete the following tasks under this scope of services: Task 1 — Kickoff Meeting Task 2 —Topographic Survey Task 3— Geotechnical Services Task 4 — Sewer Televising Video Review Scope of Services Chicago Street Combined Sewer Separation Project City of Elgin, IL Page 2 of 8 Task 5 — Field Reconnaissance Task 6— Utility Coordination Task 7 — Lead Service Verification Task 8—Conceptual Design (30%) Task 9— Preliminary Design (60% Contract Plans) Task 10— Pre-Final (90% Contract Plans) Task 11 — Final (100% Contract Plans) Task 12 — Public Information Meeting Task 13— Progress Meetings - (Conceptual, Preliminary, Pre-Final and Final Design) Task 14 - Permitting Task 15 — Engineer's Opinion of Probable Construction Costs (EOPCC) Task 16— Quality Assurance and Quality Control (QA-QC) Task 17 — Modeling Updates —Overall System/Master Plan Model Task 18— Bid Award and Assistance Task 19— Project Administration A detailed scope of services for each of the tasks identified above along with deliverables is provided below. TASK 1 — KICKOFF MEETING Scope of Work: The ENGINEER will prepare an agenda for the project and distribute it to CITY prior to the meeting. ENGINEER will attend a kickoff meeting with the CITY to discuss the project schedule, major deliverable milestones, and schedule. ENGINEER will also setup an internal meeting with the Design Team after the initial kickoff meeting with the CITY to coordinate the project scope, schedule, and expectations discussed with CITY staff. Deliverable: Minutes of the meeting with the CITY will be prepared and distributed to all attendees. TASK 2 —TOPOGRAPHIC SURVEY Scope of Work: Survey and Right-of-Way (ROW) Services A. ROW Survey COMPANY will recover existing ROW evidence for approximately 3,250 feet along Chicago Street, 700 feet along Hamilton Avenue, 1,000 feet along Crighton Avenue, 550 feet along Union Street, and 600 feet along Pennsylvania Avenue, (see Exhibit A- 1 below for survey limits). COMPANY will calculate the existing ROW as shown on recorded subdivision plats to include on the base map. B. Roadway Topographic Survey The roadway topographic survey will include the area lying within the existing ROW, within the limits described above and shown on Exhibit A-1. The topographic survey will include cross-sections at 50-foot intervals and extend 10 feet beyond the existing ROW. The survey will include visible existing features and improvements. Existing utilities will be surveyed from visible flags or markings. Storm sewer, sanitary sewer and water main structures will be surveyed, including rim elevation, invert pipe size, Scope of Services Chicago Street Combined Sewer Separation Project City of Elgin, IL Page 3 of 8 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). C. Topographic Survey Base Map COMPANY will generate a base map in AutoCAD Civil 3D release 2023 of the existing features collected within the project limits according to IDOT standards. The topographic survey base map will include one (1) foot contours and show tags to existing visible utilities. Items not included in Agreement/Supplemental Services • Wire Height Survey • Tree Inventory • Plat of Dedication/Easements • Plat of Survey/Topography St �001 1 • _ - ti Highland Ave=002 V� f . x x ` . . ""'. tl x - ^mow_ Exhibit A-1 _— - — - -- -- --- --- -- -- --------- TASK 3 - GEOTECHNICAL SERVICES Scope of Work: ENGINEER will subcontract with a qualified geotechnical consultant to provide geotechnical recommendations for construction as well as CCDD certification and letter of acceptance from a qualified facility to receive uncontaminated spoil material generated onsite from trench excavation. Seven (7) geotechnical borings and five (5) pavement cores within the project area are proposed. Scope of Services Chicago Street Combined Sewer Separation Project City of Elgin, IL Page 4 of 8 Deliverable: PDF copies of the geotechnical report and CCDD certification and acceptance letter will be provided. Items Not Included in the Scope: Additional Geotechnical Investigations or soil borings including pavement cores other than as noted above are not included in the scope. If additional borings become necessary, ENGINEER can provide these services, upon approval by the CITY, as supplemental services. TASK 4—SEWER TELEVISING VIDEO REVIEW Scope of Work: CITY will complete sewer televising of all combined sewers within the project area and provide to ENGINEER those tapes and reports for review. A summary of findings will be prepared and submitted to document areas feasible for and requiring sewer lining via Cured in Place Pipe (CIPP)versus spot repairs via open cut methods. These recommendations will then be incorporated in the final design per the CITY's preferred direction of improvement. Deliverable: A spreadsheet summarizing the video results and deficient segments. TASK 5 — FIELD RECONNAISSANCE Scope of Work: ENGINEER will perform walkthrough during conceptual design to gain an understanding of existing site conditions that may impact final design in attempt to avoid future conflicts. ENGINEER and CITY representatives will then perform a walkthrough of the site prior to finalizing the 60% design plans to verify the existing site conditions and noticeable site conflicts such as existing trees, utility poles, etc. Additional reconnaissance will be completed with the CITY on an as needed basis for constructability review. The ENGINEER will also coordinate with the CITY's Forestry Department regarding existing parkway trees that are to be removed or remain in place based on their tree evaluation recommendation of the tree's type and condition within the project limits. Deliverable: N/A TASK 6— UTILITY COORDINATION Scope of Work: ENGINEER will initiate a JULIE design ticket for the PROJECT. The scope will include utility coordination with the CITY Utility Department, Public Works and Franchise Utilities Owners to finalize utility locations and possible conflicts in the field as plans are developed to pre- final and final stage. Deliverable: ENGINEER will provide correspondence and copies of utility maps received from the franchise utility companies for CITY records. TASK 7 — LEAD SERVICES VERIFICATION Scope of Work: Scope includes coordination with the CITY and their lead service line replacement program consultant to confirm and coordinate replacement of lead services lines prior to construction of this project, if necessary, as part of the CITY's lead service line replacement program or include in this PROJECT's scope of work. Scope of Services Chicago Street Combined Sewer Separation Project City of Elgin, IL Page 5 of 8 Deliverable: N/A TASK 8 - CONCEPTUAL DESIGN (30%) Scope of Work: In general, the proposed sewer separation strategy for the PROJECT includes installation of new storm sewers and leaving the existing combined sewer to serve as separate sanitary sewer. However, as part of the Master Plan possible overflow connections from the storm sewer to the existing combined sewer were recommended to be further evaluated. Due to modeling updates as part of the Master Plan related to impervious area, Bulletin 75 rainfall data, and other updates, the existing downstream storm sewer does not have the capacity to accommodate the added flows as part of this and future separation projects within the Highland Avenue Basin. This resulted in ENGINEER proposing 48" storage pipes in Chicago Ave and Union St to mitigate the effects of the added stormwater flows to the existing storm sewer system. Overflow connections may allow for the reduction in the size of proposed storm sewers in Chicago Ave and Union St. As part of Task 17, ENGINEER will evaluate the viability of the overflow connections to the existing combined sewer. The results of that analysis will be presented to the CITY to determine if ENGINEER should proceed with incorporating these into the design. ENGINEER will prepare conceptual level design plans for discussion with CITY prior to advancing design to 60%. Concept plans will verify project limits for sewer separation and provide proposed storm sewer sizes, alignment and profiles. Concept plans will also identify potential conflicts with CITY and franchise utilities that will need to be coordinated during construction, limits of combined/sanitary sewer removal, and replacement and/or CIPP lining. Concept plans will be used to finalize the limit and scope of sewer separation project. Deliverable: Concept Plans (30%) plans in pdf format will be provided for review by the CITY. TASK 9, Task 10 & TASK 11 — PRELIMINARY (60%), PRE-FINAL (90%) AND FINAL (100%) CONTRACT PLANS Scope of Work: These services will include preparing pre-final and final contract plans, specifications and bid documents to CITY Standards to insure the proper bidding and award of a construction project. The specific scope for the contract plan services is further provided below: a. Design Standards: The Engineering and Contract Documents will be developed according to applicable regulatory agency requirements. These include the following design guidelines and ordinances: • CITY of Elgin standards and details; • Standard Specifications for Sewer and Water Main Construction in Illinois; • IDOT Standard Specifications; • IEPA NPDES Phase II regulations for Stormwater Pollution Prevention Plans (SWPPP); and • Kane County Stormwater Ordinance. • Fox River Water Reclamation District (FRWRD) standard details if applicable. Scope of Services Chicago Street Combined Sewer Separation Project City of Elgin, IL Page 6 of 8 b. Plans, Specification and Bid Documents: ENGINEER will develop and assemble the contract plans and special provisions for a local letting based on the selection of the construction limits identified in TASK 8—CONCEPTUAL DESIGN. Plans will be prepared in AutoCAD Civil 3D software. Plans will be developed to predetermined milestones for submittal which will consist of preliminary (60%), pre-final (90%) and final (100%) engineering plans and bid documents of the project limits. The bid documents will be prepared using the CITY provided front end documents and bidding requirements. Comments received will be addressed and a disposition of comments provided to the CITY. The general nature of improvements within the project limits will include construction of new storm sewers, water main adjustments as necessary, sanitary and water service replacements, existing combined sewer spot repairs and/or CIPP lining, pavement patching and full width resurfacing along impacted roadways. A typical set of contract plans will include the following minimum sheets: • Cover Sheet; • Index/General Notes/Standards; • Summary of Quantities; • Typical Sections; • Removal Plans; • Plan and Profile Sheets; • Schedules & Tags; • Erosion Control Plan; • Restoration Plans; and • Standard CITY and IDOT Construction Details. Typical Final Bid Documents will include: • Bid forms - Notice to Bidders, Instructions to Bidders, Bonding and Insurance Requirements • Contract Terms and Conditions; • Special Provisions; • Stormwater Pollution Prevention Plan (SWPPP); • Approved Permits; and • Contract Plans. Deliverable: 60%, 90%, 100% Contract Plans and Specifications and Bid Documents in pdf format for review by the CITY. TASK 12 —PUBLIC INFORMATION MEETING Scope of Work: ENGINEER will work with CITY staff to schedule one (1) public informational meeting for the project. ENGINEER will attend the public information meeting to solicit feedback and to answer any questions pertaining to impacts to affected properties, project duration and other pertinent items. The location for the public informational meeting will be identified and organized by the CITY. Deliverable: ENGINEER will prepare necessary exhibits and handouts for the public meeting. Scope of Services Chicago Street Combined Sewer Separation Project City of Elgin, IL Page 7 of 8 TASK 13 — PROGRESS MEETINGS Scope of Work: Leading up to and at the following design milestones i.e. pre-final (90% plan submittal), the ENGINEER will attend up to four(4) progress meetings to coordinate and discuss the CITY's review comments on the contract plans and specifications. This will allow CITY Staff and ENGINEER to discuss design elements, project progress, permitting, and costs at each of these above milestones to ensure that the project is progressing within budget and on schedule. Deliverable: ENGINEER will prepare minutes of the meetings and distribute to all attendees. TASK 14— PERMITTING Scope of Work: ENGINEER will prepare the permit application and necessary supporting documentation for permits relevant to this project which will include • IEPA's Construction Permits for sanitary sewer (if applicable) and water main replacements; • IDNR — EcoCAT& State Historic Preservation Agency (SHPO) Sign Off • Kane County Stormwater Permit for 5,000 square-feet of hydrologic disturbance; and • An NPDES Phase II IRL10 General permit for construction activity. In addition, and as necessary, coordination with Fox River Water Reclamation District (FRWRD) will be completed. Scope will include permit coordination with the regulatory agencies listed above. Deliverable: One (1) copy of each of the permit application(s) will be provided for CITY records. Items Not Included in the Scope: For the purposes of the scope, it is assumed that permits other than those noted above are not required and are therefore not included in the scope. If additional permits are identified requiring substantial permitting efforts, ENGINEER can provide these services, upon approval by the CITY, as supplemental services. TASK 15— ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS (EOPPC) Scope of Work: An Engineer's Opinion of Probable Construction Cost(EOPCC)will be prepared for CITY review with each milestone stage (Conceptual Design, 60%, 90% and 100%) so that the project stays within the CITY's construction budget. If any adjustments are needed in the design plans including limits of construction adjustments, these discussions can occur early in the process. Deliverable: An Illinois Registered Professional Engineer(PE)signed and sealed EOPCC will be provided. Scope of Services Chicago Street Combined Sewer Separation Project City of Elgin, IL Page 8 of 8 TASK 16 —QUALITY CONTROL AND QUALITY ASSURANCE (QC/QA) Scope of Work: A QC/QA review will be completed with each milestone stage (Conceptual Design, 60%, 90% and 100%). A constructability review will also be completed by qualified construction personnel. Deliverable: Plan and document review by an Illinois Registered Professional Engineer (PE) along with constructability review by qualified construction personnel. TASK 17 - MODELING UPDATES — OVERALL SYSTEM/OVERFLOWS Scope of Work: The scope of work will include the following for modeling updates: Basin Hydrologic and Hydraulic Analysis: As detailed survey and project design are finalized, the Hydrologic and Hydraulic model developed as part of the Master Plan will be updated. Additionally, overflows noted in Task 8 above will be evaluated. The results of that analysis will be presented to the CITY. Deliverable: N/A Items Not Included in the Scope: N/A TASK 18 - BID AWARD AND ASSISTANCE Scope of Work: 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, ENGINEER will answer questions raised by potential bidders and issue any addenda, if necessary. ENGINEER 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. Deliverable: Recommendation for award letter will be provided. TASK 19 — PROJECT ADMINISTRATION Scope of Work: This task will include management of the project scope, schedule and budget including maintaining project documentation binder. A monthly progress report will be provided to the CITY detailing activities completed in the prior month and activities anticipated to be completed or undertaken in the following reporting period. Deliverable: Monthly progress report will be submitted to the CITY. `, a-.r° I 8 Z ,'s. 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N 2 -o S s - I AIM 1 .,., mot.. - i a�^' Kane County,KJEagieV4iac Maxare rrosot .�_ --. c Van St Van St z Highland Basin-Sewer Separation Legend 2025 Design-2026 Construction N Proposed Combined Sewer Improvements O Antuiopated Construction Limits EXHIBIT 2 '-. Combined Basins 0 125 250 500 1 City of Elgin --- Existing Combined/Sanitary Sewers H � 1 eel Illinois Sewer to be Lined HRGreen PLOT 6.41AM .6730025 66 iMr.e• FI,F iJ.rg.eenenneHIT(ihnelM202aV4O]6'./hOISUrr.Pro01.0210)SScopem6M-011025-Sod neEx.eprx ATTACHMENT B PROJECT SCHEDULE ATTACHMENT B PROJECT SCHEDULE CHICAGO STREET COMBINED SEWER SEPARATION PROJECT Task Descriptions Original Schedule Date(s) N/A Notice To Proceed April 14,2025 Task 1 Kickoff Meetings(Internal and City) April 14,2025 April25,2025 Task 2 Topographic Survey April 14,2025 April 25,2025 Task 3 Geotechnical Subconsultant Services April 14,2025 May 9,2025 Task 4 Sewer Televising Review April 14,2025 May 9,2025 Task 5 Field Reconnaissance October 24,2025 Two weeks prior to April 14,2025 90% Task 6 Utility Coordination January 2,2026 Two weeks prior to April 14,2025 Final Task 7 Lead Service Line Review April 14,2025 May 9,2025 Task 8 Conceptual Design(30%) April28,2025 July 11,2025 Conceptual Review Meeting July 14,2025 July 18,2025 Task 9 Preliminary(60%) Engineering Plans July 21,2025 September 12,2025 City Review Period (2 weeks) September 15,2025 September 26,2025 Task 10 Pre-Final(90%)Engineering Plans September 29,2025 November 7,2025 City Review Period(4 weeks) November 10,2025 December 5,2025 Task 11 Final(100%)Contract Plans December 8,2025 January 16,2026 City Review Period(2 weeks) January 19,2026 January 30,2026 Task 12 Public Information Meeting September 15,2025 September 26,2025 Task 13 Progress Meetings[4-(30%,60%,90% and 100%) July 14,2025 January 30,2026 Task 14 Permitting September 15,2025 January 30,2026 Task 15 Engineer's Opinion of Probable May 26,2025 January 30,2026 Construction Costs(EOPCC) Task 16 Quality Assurance and Quality Control May 12,2025 January 30,2026 (QA-QC) Task 17 Modeling Updates-Confirm Design in May 19,2025 November 7,2025 Master Plan Model Task 18 Bid Award and Assistance February 2,2026 February 28,2026 Task 19 Project Administration April 15,2025 February 28,2026 ATTACHMENT C FEE ESTIMATE - 13 - I �� ATTACHMENT C-FEE ESTIMATE .�• HI;(;,-.(-1 CHICAGO STREET COMBINED SEWER SEPARATION PROJECT ELGIN Task Descriptions Hours Labor Sub- Direct Costs Total Fee Consultant FEE FINAL ENGINEERING PLANS,CONTRACT DOCUMENTS AND BIDDING SERVICES(SEE ATTACHMENT A) Task 1 Kickoff Meeting 17 $3,587 $3,587 Task 2 Topographic Survey 412 $65,598 $1,080 $66,678 Task 3 Geotechnical Subconsultant Services 12 $2,716 $12,000 $14,716 Task 4 Sewer Televising Review 100 $18,300 $18,300 Task 5 Field Reconnaissance 48 $10,224 $10,224 Task 6 Utility Coordination 64 $13,792 $13,792 Task 7 Lead Service Line Review 48 $10,452 $10,452 Task 8 Conceptual Design(30%) 848 $172,224 $172,224 Task 9 Preliminary(60%)Engineering Plans 752 $153,160 $153,160 Task 10 Pre-Final(90%)Engineering Plans 548 $112,500 ' $112,500 Task 11 Final(100%)Contract Plans 224 $45,936 $45,936 Task 12 Public Information Meeting 40 $7,760 $7,760 Task 13 Progress Meetings(30%,60%,90%and 100%) 20 $4,556 $4,556 Task 14 Permitting 88 $15,560 $15,560 Task 15 EOPCC 116 $23,428 $23,428 Task 16 Quality Assurance and Quality Control(QA-QC) 96 $20,304 $20,304 Task 17 Modeling Updates 104 $22,136 $22,136 Task 18 Bid Award and Assistance 100 $20,004 $20,004 Task 19 Project Administration 368 $85,136 $85,136 PROJECT TOTALS 4,005 $807,373 $12,000 $1,080 $820,453