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HomeMy WebLinkAbout89-1025 idot - iOa5 VOLUME LIV 694 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an Addendum to the Joint City--County--State Agreement on behalf of the City of Elgin with the State of Illinois Department of Transportation and the County of Kane, for the improvement of Big Timber Road from State Street to McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25 , 1989 Vote: Yeas 6 Nays p Recorded: Attest: s / Marie Yearman Marie Yearman, City Clerk VOLUME LIV 696 RESOLUTION APPROPRIATING FUNDS FOR BIG TIMBER ROAD IMPROVEMENT WHEREAS, the City of Elgin has entered into an agreement with the State of Illinois for the improvement of Big Timber Road from State Street to McLean Boulevard (F.A.U. Route 1302, Section 83-00128-00-WR, and Project Number M-5293(9); and WHEREAS, in compliance with the aforementioned agreement, it is necessary for the City to appropriate funds to pay its share of the cost of said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby appropriated the sum of $311 ,250, or so much thereof as may be necessary, to pay its share of the cost of this improvement as provided in the agreement. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Adopted: October 25 , 1989 Vote: Yeas 6 Nays 0 Recorded: Attest: O s/ Marie Yearman Marie Yearman, City Clerk Illinois Department of Transportation 2300 South Dirksen Parkway/ Springfield, Illinois/62764 March 9, 1990 Elgin Section 83-00128-00-WR Project No. BRM-M-5293(9) Job No. C-91-198-83 Ms. Marie Yearman City Clerk 150 Dexter Court Elgin, IL 60120 Dear Ms. Yearman: The joint agreement for the subject section was executed by the Department on March 2, 1990. Your copy of the executed agreement is attached. Very truly yours, William T. Sunley, P.E. Engineer of Local Roads and Streets By: Darrell W. McMurray Local Project Implementation Engineer cc- Melford Dahl, Dir. of Pub. Wks. Nabi Fakroddin, Dir. of Trans., Kane Co. Lorraine P. Sava, County Clerk, Kane Co. J. C. Slifer Attn: F. M. Nathani David G. Campbell Attn: Doris A. Reeve E. J. Kehl Attn: Sandy Meyer Dale A. Janik Attn: Robert L. Plunk Attn: Bill Yuskus Mun.;.cippl.it Secti in (c) Illinois'Department ct3-00128-00-WR ' Tjwnsh;p of Transportation Fund Type FAU & BRRP County bane LOCAL AGENCY AGREEMENT State Contract Day Labor Local Contract RR Force FOR FEDERAL PARTICIPATION X Account This agreement is made and entered into between the above local agency (LA)and the State of Illinois,acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the designated location as shown below.The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures ap- proved and/or required by the United States Federal Highway Administration hereinafter referred to as FHWA. Big Timber Road Route FAU Loo Q �TjON Length 1. 04 Name Miles T er mini State Street (Ill. Route 31) to Mcleanc Blvd. PROJECT.DESCRIPTION Existing Str. No. 0 4 5-3 014 Roadway widening and reconstruction; new curb and gutter, s orm sewers; wideninc of the structure over Tyler Creek; thermoplastic pavement markings and all incidental work. DIVISION OF COST (see addendum) TYPE OF WORK FHWA % STATE LA TOTAL Participating Construction . . . . . . . . $ ( 1$ ( )$ ( 1$ Non-Participating Construction . . . . $ ( 1$ ( 1$ ( 1$ Preliminary Engineering $ ( 1$ ( 1$ ( )$ Construction Engineering $ ( )$ ( 1$ ( 1$ Right of Way $ ( )$ ( 1$ ( )$ Railroads $ ( 1$ ( 1$ ( 1$ Utilities $ ( CS ( )$ ( 1$ Sub Total $ $ $ $ Other Funding Not Included Above $ Source of Other Funding: Total Project Cost $ NOTE: The above costs and percentages are approximate and subject to change. The percentage(s) recorded and maintained by the STATE,will be used in the final division of costs for billings or reimbursements. If funding is lump sum and not a percentage of the total, place an asterisk in the space provided for the percentages. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. w �f pp�qq ���� LOCAL AGENCY APPROPRIATION The LA on A/0►'' �4, , 192,appropriate/by separate resolution$g ?'3 t/eVitf:2 to pay the LA's share of the cost and will appropriate additional funds,if required to cover the LA's total cost. METHOD OF FINANCING (STATE CONTRACT WORK ONLY) *Elgin-$ 311, 250 . METHOD A ---Lump Sum (95-i, of LA Obligation)$ Kane County-$9 3 3 , 7 5 0 . METHOD B --- Monthly Payments of $ METHOD C ---LA's share $ divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) ADDENDA Additional information and/or stipulations,if any,are hereby attached and identified below as being a part of this agreement. Addendum See pages 2 , 3 , 4 , 5 , 6 , 7, and 8 . (Insert NA, if not applicable) (Insert addendum numbers or letters and page numbers. if applicable) The LA further agrees,as a condition of payment,that it accepts and will comply with the applicable provisions set forth on page two and all addenda indicated above. APPROVED APPROVED F Name See signature Sheets DEPARTMENTTE OOTRANSPIORTATION Title By: Chairman County Board Mayor Village President,etc Director of Mignways Signature Date FOR DEPARTMENT USE ONLY Construction Engineering Right-of-Way Job Number Pro1ect Number Job Number Project Number Job Number Project Number C-91-198-83 DRM-M. Rn5293 (9 ) J SLR 4251 .--871 iL-:9'--i'22 7 79481 DIVISION OF COST TYPE OF WORK FHWA % COUNTY % CITY % T OTAL Roadway & Drainage (FAU Funds) 700,000 ( * ) 765,000** (75.00) 255,000 (25.00) 1,720,000. Bridge over Tyler Creek (BRRP Funds) 280,000 80.00) 52,500 (15.00) 17,500 ( 5.00) 350,000. Preliminary Engineering*** ( ) ( ) ( ) -- Right-of-Way**** ( ) ( ) ( ) -- Construction Engineering (00.00) 116,250 (75.00) 38,750 (25.00) 155,000. TOTAL 980,000 933,750 311,250 2,225,000. * Lump Sum. ** State shall pay $427,000 towards the improvement in exhange of FAS County Funds. *** Covered under a separate agreement dated 8/26/83 **** Covered under a separate agreement dated 10/4/88 Note: State shall use up the $427,000 before billing the City on progress basis. The amount of $765,000 County's share and $255,000 City's share is derived after $700,000 of Federal share is substracted from the total amount of $1,720,000. The percentages apply after the deduction. -2- ,Big Timber Road • State St. to McLean Blvd. Kane County 79441 ADDENDUM AN ADDENDUM TO THE JOINT VILLAGE-COUNTY-STATE AGREEMENT FOR PROJECT BRM-M-5293(8) IN THE THE CITY OF ELGIN, KANE COUNTY ILLINOIS AND THE COUNTY OF KANE, ILLINOIS I. DIVISION OF COST: See page 2. II. THE CITY & COUNTY AGREES: (1) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private within its jurisdiction, in accordance with the current Utility Accommodation Policy For Local Agency Highway and Street Systems. (2) To comply with all applicable Executive Orders and Federal Highways Acts pursuant to the Equal Employment Opportunity and Non-discrimination Regulations required by the U.S. Department of Transportation. (3) To preserve and produce upon request of responsible STATE or FHWA officials all records for this project for the purpose of an audit for a period of three years after the FHWA payment of the final voucher. (4) The failure of the CITY to comply with Federal requirements may result in the loss (partial or total) of Federal participation as determined by the FHWA. (5) That upon receipt of the Contractor's first and subsequent progressive bills for this improvement they will pay to the State, an amount equal to each of their shares of the construction cost, divided by the estimated total cost, multiplied by the actual progress payment. (6) To furnish to the STATE, not later than 60 days after reporting construction 100% complete, all construction records for documentation review and retention for audit purposes until the close of the calendar year during which documentation is completed, at which time said records will be returned to the County and the City for completion of the period of retention stipulated in Item (3). III. THE CITY AGREES: (1) To have in effect, prior to the award of the construction contract, an ordinance prohibiting the discharge of sanitary and/or industrial waste water into any storm sewer constructed as part of this improvement. (2) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement, including acceptance sampling and testing of the materials in accordance with the specifications, Project Procedures Guide and methods prescribed by the STATE. (3) The CITY agrees to exercise it's franchise right to cause private utilities to be relocated at no expense to the STATE. -3- Big Timber Road State St. to McLean Blvd. Kane County 79441 (4) Upon completion of the improvement, and twenty-one (21) calendar days after final inspection by the STATE, the CITY will assume jurisdiction of Big Timber Road from State Street to McLean Blvd. within the limits of this improvement. The CITY will adopt and will put into effect prior to the STATE advertising for the work to be performed hereunder, an appropriate ordinance adding the portion of roadway, Big Timber Road from State Street to McLean Blvd. within the limits of this improvement and identified as Exhibit A(Location Map) and Exhibit B (BLR 1602) which are attached hereto and made a part hereof, to the CITY system. A copy of said ordinance is attached hereto as Exhibit C and made a part hereof. (5) The CITY agrees to have ordinances prohibiting parking in accordance with the approved project report. (6) The Local Agency certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this AGREEMENT been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (2) of this certification; (d) have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State, local) terminated for cause or default; (e) have not been barred from signing this AGREEMENT as a result of a violation of Sections 33E-3 and 33-4 of the Criminal Code of 1961 (Chapter 38 of the Illinois Revised Statutes) ; (f) are not in default on an educational loan as provided in Public Act 85-827. IV. THE COUNTY AGREES: (1) County will approve the plans and specifications. IV. THE STATE AGREES: (1) To provide independent assurance sampling, to furnish off-site material inspection and testing, at sources normally visited by State inspectors of steel, cement, aggregates, structural steel and other materials customarily tested by the State, and to provide contract construction administration and general supervision of the resident engineer. -4- Big Timber Road .State St. to McLean Blvd. • . Kane County 79441 VI. IT IS MUTUALLY AGREED: (1) That this agreement shall be null and void in the event that the FHWA does not approve the proposed improvement for Federal-Aid Participa- tion and in the event the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this agreement. (2) This agreement shall be binding upon the parties, their successors and assigns. (3) It is the policy of the U.S. Department of Transportation that minority business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. The STATE, COUNTY AND CITY agree to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of this agreement. In this regard the STATE, COUNTY AND CITY shall take all necessary and resonable steps, in accordance with 49 CFR Part 23, to ensure that minority business enterprises have the maximum opportunity to compete for and perform portions of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. The STATE, COUNTY AND CITY shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of contractor or subcontractor, including procurement of materials and leases of equipment. The STATE, COUNTY AND CITY shall include the provisions of this "Policy" in every contract, including procurement of materials and leases of equipment. Failure to carry out the requirements set forth above shall constitute a breach of this agreement and may result in termination of the agreement or such remedy as deemed appropriate. (4) That the authority to make changes in the County Highway System is granted the COUNTY by Section 5-105 of the Illinois Highway Code, and the authority to make changes in the Municipal Street System is granted the CITY by Section 7-101 of the Illinois Highway Code. (5) That the jurisdictional transfer shall be in accordance with BLR 1602 which is attached and made part of the agreement. (6) That execution of this agreement constitutes the COUNTY'S and CITY'S concurrence on the award of the construction contract to the responsible low bidder as determined by the STATE. (7) This agreement shall be binding upon the parties, their successors and assigns. -5- Big Timber Road State St. to McLean Blvd. • Kane County 79441 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in quintuplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the dates below indicated. Executed by the CITY, the -, CITY OF ELGIN dayZ_ of � l 19� ATTEST: By: City Clerk Mayor -6- Big Timber Road State St. to McLean Blvd. • Kane County 79441 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in quintuplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the dates below indicated. EXECUTED BY COUNTY: ATTEST: COUNTY OF KANE Date: /d 4 5r Date: /C Bybraftt.-0-0,44....,‘A-61 By: 7e-30-24 OleeFlee-a-N- County Clerk Chairman County Board -7- Big Timber Road State St. to McLean Blvd. Kane County 79441 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in quintuplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the dates below indicated. APPROVED BY STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BY: C . ,e14 71/44 DIRECTOR OF HIGHWAYS DATE -8- (----7\ .CbU7W_9 Tom_ nut a Re. PRI ---'m--�--�� Cent In 11 i__._ _ ,1k �. - . 41/4. , . 1.;,. i it il '! v I L 0 r fa Re. I o D U N D E \ I . Rd. ai j s tt e iiiilikl e '�_ ; /i R U T L A N D I {. . ,� 4 1 `�i� l li jli iiii; iii,. .....c.„ s N.% From .e. N .�, 4_ _ e07 ttt�ttttti�n . ---- zi , s \TOE ` ; I Wont Rd. , s .PEN AS ISLE Ar = i. GILBERTS I r id..... t•n q.,,tink ;1 EA In 1 . I IA" SLEEPY WESt I i mil" C. I Mr HOLLOW i ND—N\fIll'''''' 1,! KtJL It , ISO lel - / 1 - 1M1 I /MC QUEENS, ��' I !Pi ,0 ,.. � F-�U ,..4. _ ... °Plonk 44Ij \ p 11/ ,�� III� � 2 Wows. P L Ai T 0 ��,4 I +: � slg' k w o Re. ' • I ELGIN\, ��� PROJECT LOCATION , 414 a PLATO CENTER . O , 6 01,� Rti. `PS c„. +.r t V • _ r• Altillerill "0 111Mill I 011VVI‘.4% . ..n Re. E L , ,� t.a Pd. lib 1 E ii. Pilint I .:2._ N, ,........i .e, L Weil Lmat r_I - SOUTHpic tt. lu�'lll ELGIN3t•nr �- 4 I,� C A M P T O N I _� `►o.' JURISDICTIONAL TRANSFER • LOCATION MAP "'"' 40 -.\ BIG TIMBER ROAD r. - \c Re_J��S �—. - rt—— r ..- s T. IMPROVEMENT EXHIBIT "B" Local Agency No.1 (Conveyor) Local Agency No.2 (Recipient) . tjIllinois Department of Transportation Municipality Municipality Elgin LOCAL AGENCY Township/ Township/ AGREEMENT Road District Road District FOR JURISDICTIONAL TRANSFER County Kane County In accordance with authority granted in Section 4-409 of the Illinois Highway Code, this ageement is made and entered into be- tween the above Local Agency No. 1, hereinafter referred to as "CONVEYOR", and the above Local Agency No. 2, hereinafter referred to as"RECIPIENT",to transfer the jurisdiction of the designated location from the CONVEYOR to the RECIPIENT. Location Description Name Big Timber Road FAH 1302& CH21 1 . 04 Route Length Miles Termini State Street (Illinois Route 31) to McLean Blvd. This transfer does include Structure No. 045-3014 Include for Municipalities Only WHEREAS,the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7-101 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of the ordinance,and Include for Counties Only WHEREAS, the authority to make changes to the County Highway System is granted to the County by Section 5-105 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of the resolution,and Include for Township/Road Districts Only WHEREAS, the authority to make changes to the Township/Road District System is granted to the Highway Commissioner under Section 6-201.3 of the Illinois Highway Code. THE CONVEYOR AGREES to prepare a map of the above location and attach a copy of such location map hereto. IT IS MUTUALLY AGREED,that this jurisdictional transfer will become effective 21 calendar days after field inspection by the State. . Supplements Additional information and/or stipulations,if any,are hereby attached and identified below as being a part of this agreement. Supplement Exhibits A & C (Insert supplement numbers or letters and page numbers,if applicable.) IT IS FURTHER AGREED,that the provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. APPROVED BY CONVEYOR APPROVED BY RECIPIENT Name Frank R. Miller Name George Van DeVoorde Title Chairman County Board Title Mayor Chairman County-Boardd//May�or/Village President/etc.t/ Chairman C my Board/Mayor/Village President/etc. Signature /f'. )..7i��`�^�L Signature �1T APPROVED /!- 7 l�u�l J�� 46 ��-9� STATE OF ILLINOS By: Ci /// ���/ DEPARTMENT OF TRANSPORTATION irector of Highways Date BLR 1602(1/88) pIP State of Illinois County of Kane ss Certificate of City Clerk City of Elgin I, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. 1 DO FURTHER CERTIFY that the attached is a full,true,and correct copy of . . .. • ...• • •• 7Plt • the original of which is entrusted to my care for safe keeping. In Witness Whereof,I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this day of T?Li 2ieA2AAtecLeA) , 19 City Clerk. (SEAL) �•' ' EXy/8/T "G" Ordinance No. G93-89 AN ORDINANCE PROVIDING FOR THE TRANSFER OF BIG TIMBER ROAD IN ELGIN TO THE MUNICIPAL STREET SYSTEM WHEREAS, the County of Kane and the City of Elgin under date of October 25, 1989, entered into an agreement for transfer of jurisdiction of Big Timber Road to the municipal street system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the improvement of Big Timber Road from State Street (Illinois Route 31) to McLean Boulevard within the city limits be added to the municipal street system. Section 2. That the City Clerk is directed to forward a certified copy of this ordinance to the State of Illinois through its District Engineer's Office at 201 West Center Court, Schaumburg, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Passed: October 25 , 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk a r • 695 VOLUME LIV • Ordinance No. G93-89 AN ORDINANCE PROVIDING FOR THE TRANSFER OF BIG TIMBER ROAD IN ELGIN TO THE MUNICIPAL STREET SYSTEM WHEREAS, the County of Kane and the City of Elgin under date of October 25, 1989, entered into an agreement for transfer of jurisdiction of Big Timber Road to the municipal street system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 41414 Section I. That the improve -.'' Big Timber Road from State Street (Illinois Route 31) to McLean Boulevard within he city limits be added to the municipal street system. Section 2. That the City Clerk is directed to forward a certified copy of this ordinance to the State of Illinois through its District Engineer's Office at 201 West Center Court, Schaumburg, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 25, 1989 Passed: October 25 , 1989 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROPRIATING FUNDS FOR BIG TIMBER ROAD IMPROVEMENT Councilwoman Shales made a motion, seconded by Councilwoman Popple to adopt the aforementioned Resolution. Yeas : Councilmen Fox, Moylan, Popple, Shales , Walters and Mayor VanDeVoorde. Nays : None . ' _.� 4 • Illinois Department of Transportation Division of Highways/District 1 201 West Center Court/Schaumburg, Illinois/60196-1096 LOCAL ROADS AND STREETS CITY MFT Elgin Section: 83-00128-00-WR Kane County Section: 83-00150-O9-WR Engineering Agreement April 2, 1990 Marie Yearman City Clerk 150 Dexter Cour Elgin, IL 60120 Dear Madam: The agreement for engineering services dated February 14, 1990 between the City of Elgin and Hampton, Lenzini & Renwick, Inc. , Consulting Engineers, for engineering services to be performed in connection with the City's motor fuel tax Construction improvement designated as City Section 83-00128-00-WR and County Section 83-0015 0-09-WR was approved by this Department today. The City's file copy of the agreement is being returned herewith. Very truly yours, SVeLi James C. Slifer, P.E. District Engineer JCS/FN/AC/mrl cc: William T. Sunley w/encl Hampton, Lenzini & Renwick, Inc. , Consulting Engineers w/encl Melford Dahl, Director of Public Works w/encl Nabi Fakroddin, County Superintendent of Highways w/encl 97921 r Municipality L Name Hampton, Lenzini and Elgin 0 C Renwick, Inc. County .0 0 Address Kane A CONSTRUCTION ENGINEERING N 380 Shepard Drive Township L SERVICES AGREEMENT S City FOR U Elgin Section A MOTOR FUEL L State 83-00128-00—WR G TAX FUNDS T Illinois Project No. E A Zip Code M-5293(9) N N 60123-7010 Job No. C T Existing C-91-198-83 Y Structure No. 045-3014 ii THIS AGREEMENT is made and entered into this _� day of I'ai'l1,'ii rati 196Al between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services In connection with the construction of the above SECTION.Motor Fuel Tax Funds allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "STATE", will be used entirely or in part to finance ENGINEER services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean: DISTRICT ENGINEER District Engineer, Department of Transportation RESIDENT ENGINEER LA employee directly responsible for construction of SECTION CONTRACTOR Company or Companies to which the construction contract was awarded PROJECT DESCRIPTION Name Big Timber Road Route FAU 1302 Length 1.04 MI. Termini From 200 feet east of McLean Boulevard to Illinois Route 31 Description: Total reconstruction of an existing two-lane rural type flexible base roadway to a four-lane urban type full-depth asphalt roadway with curb and gutter, closed drainage and bridge replacement. AGREEMENT PROVISIONS THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvement hereinbefore described, and checked below: a. (X) Proportioning and testing of concrete mixtures in accordance with the '*Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the STATE and promptly submit reports on forms prepared by said Bureau. b.(X) Proportioning and testing of bituminous mixtures (Including extraction test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" Issued by the Bureau of Materials and Physical Research, of the STATE, and promptly submit reports on forms prepared by said Bureau. • c. (X) All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. d.(X) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained In the contract. e.(X) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research, of the STATE, and s,:o-it inspection reports to the LA ano the STATE in accordance with the policies of The said STATE. BLR 4352 (Rev. 7-87) Sheet 1 ' •• f.(X) Inspect, document, and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control. g.(X) Geometric control including all construction staking and construction layouts. h.(X) Quality control in the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. l.(X) Measurement and computation of pay items. j.(X) Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. k. (X) Preparation and submission to the LA In the required form and number of copies, all partial and final payment estimates, change orders, records,documentation, and reports required by the LA and the STATE. I.(X) Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER In connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the RESIDENT ENGINEER or authorized representative. 4. To attend conferences and visit the site of the work at any reasonable time when requested to do so by the LA or representatives of the STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned, or transferred to any other party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. That payment by the LA shall be as hereinafter provided. The ENGINEER shall submit invoices, based on his progress reports, to the RESIDENT ENGINEER, not oftener than once per month for partial payment on account for his work completed to date. Such Invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. 7. That the engineer is qualified technically and is entirely conversant with the design standards and policies applicable to Improvement of the SECTION; and that he has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER'S work and correction of any errors, omissions or ambiguities due to the ENGINEER'S negligence which ney occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from his error, omission or negligent act, the ENGINEER shall indemnify the LA and its employees from all accrued claims or liability and assume all restitution and repair costs arising fran such negligence. He shall give- Immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable Federal Statutes, State of Illinois Statutes, and local laws or ordinances of the LA. 8LR 4352 (Rev. 7-87) Sheet 2 THE ENGINEER FURTHER AGREES, to comply with all applicable Equal Employment and Nondiscrimination Acts, Executive Orders, and Regulations required by the U.S. Department of Transportation (DOT) including: a. 23 USC 710.405(b), Nondiscrimination on Basis of Sex In Right-of-Way Acquisition. b. 42 USC 2000d-1, Title VI of the Civil Rights Act of 1964 (Nondiscrimination on Basis of Race, Color, or National Origin). c. 49 CFR 21, Nondiscrimination in DOT Programs. d. 49 CFR 23, Participation by MBE's in DOT Programs. It Is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises, as defined In 49 CFR Part 23, shall have the maximum opportunity to participate In the performance of contracts/agreements financed in whole or In part with Federal funds under this AGREEMENT. The ENGINEER agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of this agreement. In this regard the ENGINEER shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform portions of this agreement. The ENGINEER shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The ENGINEER shall include the provisions of this "Policy" in every subcontract, including procurement of materials and leases of equipment. Failure to carry out the requirements set forth above shall constitute a breach of this agreement and may result in termination of the agreement or such remedy as deemed appropriate. e. 49 CFR 27, Nondiscrimination on Basis of Handicap. THE LA AGREES, 1. To furnish a RESIDENT ENGINEER to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifi atlons. 3. To notify the ENGINEER at least twenty-four hours in advance of the need for personnel or services. 4. That fc,r t'ie r,..rformance by the ENGINEER of the services set forth above, the LA shall pay the ENGINEER on the following basis of payment: Amount of Basic Fee. The ENGINEER shall receive, as full payment for completing all work required of him under this, AGREEMENT, a basic fee, consisting of payment for the items shown in Section 4 (a), (b), (c) and (d) hereof. a. The ENGINEER shall be reimbursed for his actual costs related to the salaries of his employees for the time directly attributable and properly charvnoble to the SECTION under the terms of this AGREEMENT, including salaries of principals of the ENGINEER for time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. A tabulation showing the present regular hourly salary range for each class of employee expected to work on this SECTION is as toll�ws: BLR 4352 (Rev. 7-87) Sheet 3 HOURLY RATE RANGE CLASSIFICATION FROM TO Principal Engineer Engineer SEE EXHIBIT A Chief of Party Instrument Man Rodman Inspectors Clerical The classifications of the employees used in the work sh uld be consistent with the employee classifications and estimated manhours shown in EXHIBIT X. If the personnel of the firm, Including the Principal Engineer, perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. in the event that additional classes of employees must be utilized or if salary adjustments are made, the above data may be modified by agreement between the ENGINEER and the LA. Costs related to salaries shall include actual withholdings and contributions by either the employee or the ENGINEER for the approved payroll burden items set forth in Exhibit of this Agreement. B and C b. The ENGINEER shall be reimbursed for his direct non-salary costs which are directly attributable and properly allocable to the Project. (1) Direct non-salary costs paid by the ENGINEER may also include in-plant and travel expenses. Travel expenses within the State of Illinois only, that are necessary to fulfill the terms of this AGREEMENT, may be directly charged to the SECTION. Reimbursable travel expenses shall include the reasonable cost of meals, lodging, incidental expenses, and transportation for regular employees and principals of the ENGINEER only while away from their regular place of duty and directly engaged on the SECTION. Travel expenses may be based on actual costs, or on an agreed per diem or mileage basis, or on a combination of the two, provided the resulting charge is reasonable. The ENGINEER will not be required to submit receipts for reimbursement of in-plant and travel expenses, but will be required to submit a detailed listing of such actual expenses certified by him to be direct SECTION costs that are not included in overhead. (2) The withholding provisions contained in Section 5a and 5b of this AGREEMENT shall not apply to costs enumerated in Section 48 above. c. The ENGINEER shall be reimbursed for his actual overhead or indirect costs to the extent that they are properly allocable to the SECTION. Such costs shall be established in accord with sound accounting principles and businesds practices. Such costs are included in the ov�eread and expense rate set forth in EXHIBIT X ofathls AGREEMENT. The rate shown in EXHIBIT isnprovisional for use In computing partial payments. Upon completion of the SECTION, final payment for indirect costs will be determined by audit of the ENGINEER'S accounts to establish the actual indirect costs incurred during the period of this AGREEMENT which are properly allocable to it. d. The ENGINEER shall be paid a fixed fee (lump sum) of $20,062.38 to cover profit only. The maximum total amount payable, including actual costs, fixed fee, and contingencies, shall not exceed $ 170,374.15 unless there is a substantial change In the scope, complexity, or character of the work, or there is a substantial overrun in the time necessary for the ENGINEER to complete the work due to causes beyond his control. Under these circumstances, adjustments in total compensation to the ENGINEER shall be determined through negotiation between the parties of this AGREEMENT and concurred in by the STATE. BLR 4352 (Rev. 7-87) Sheet 4 5. Partial Payments. The LA, for and in consideration of the rendering of the engineering services enumerated herein, agrees to pay to the ENGINEER for rendering such services the basic fee hereinafter established in the following manner: a. For the first 50$ of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work (See Section 9 of THE ENGINEER AGREES) minus all previous partial payments made to the ENGINEER. b. After 50% of the work is completed, and upon receipt of monthly Invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work (See Section 9 of THE ENGINEER AGREES) minus all previous partial payments made to the ENGINEER. c. Final Payment - Upon approval by the LA but not later than 60 days after the work is completed and all final measurements and reports have been made and accepted by the LA, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER under Section 5a and 5b of this AGREEMENTIshall be due and payable to the ENGINEER. IT IS MUTUALLY AGREED: 1. That the ENGINEER and his subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administra- tion, or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are In his possession arid any such loss or damage shall be restored at his expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at his last known post office address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in Section 4d of THE LA AGREES shall be multiplied by this percentage and added to the ENGINEER'S actual casts to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to, the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's aecision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA (Including personnel furnished by the ENGINEER) shall, in the opinion cf the STATE be Incompetent or inadequate, the STATE shall have the right to supplement the engineering and Inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. BLR 4352 (Rev. 7-87) Sheet 5 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in Section if of the ENGINEER AGREES. SUCCESSORS AND ASSIGNS That the LA and the ENGINEER bind themselves, their successors, executors, administrators, and assigns to the other party of this AGREEMENT, and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this AGREEMENT. Executed by the LA: City of Elgin of the (Municipality/Township/County) State of Illinois, acting by and ATTEST: through it/ City Council BY CLh;12 �, �L�l�,. i,'--CC-4L/ By City Clerk Title: Mayo Y (SEAL) Executed the ENGINEER:by Hampton, Lenzini and Renwick, Inc. 380 Shepard Drive ATTEST: ) Elgin, Illinois 60123-7010 By ,,l By `/6 ' 4 Title: Secretary Title: President • • • BLR 4352 (Rev. 7-87) Sheet 6 Federal Aid Project M-5293(9 ) CERTIFICATION OF THE CONSULTANT I HEREBY CERTIFY that I am the President and duly author- ized representative of the firm of Hampton, Lenzini and Renwick, Inc. , whose address is 380 Shepard Drive, Elgin, Illinois, and that neither I nor the above firm I here represent has: a. Employed or retained for a commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employ- ee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b. Agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT; or c. Paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation or consideration of any kind, or in connection with, procuring or carrying out the AGREEMENT; except as here expressly stated (if any) : In addition, I and the firm I herein represent: d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e. have not within a three-year period preceding this AGREEMENT been convicted of or had a civil judge- ment rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain or performing a public (Federal, State or local ) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of em- bezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; f. are not presently indicted for or otherwise crimi- nally or civilly charged by a governmental entity (Federal, State or local ) with commission of any of the offenses enumerated in paragraph (e) of this certification; Federal Aid Project M-5293(9) g. have not within a three-year period preceding this AGREEMENT had one or more public transactions ( Federal, State or local ) terminated for cause or default; h. have not been barred from signing this AGREEMENT as a result of a violation of Sections 33E-3 and 33E-4 of the Criminal Code of 1961 (Chapter 38 of the Illinois Revised Statutes) ; and i. are not in default on an educational loan as pro- vided in Public Act 85-827. I acknowledge that this certificate is to be furnished to the DEPARTMENT and is subject to applicable State and Federal laws, both criminal and civil. /8` 19ey By :C Date / Presid t Federal Aid Project M-5293(9 ) CERTIFICATION OF CITY I HEREBY CERTIFY that I am the Mayor of the City of Elgin of the State of Illinois and that the CONSULTANT, Hampton, Len- zini and Renwick, Inc. , or their representative has not been re- quired directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a. employ or retain, or agree to employ or retain, any firm or person; or b. pay or agree to pay to any firm, person or organi- zation any fee, contribution, donation or consid- eration of any kind except as here expressly stat- ed (if any) : I acknowledge that this certificate is to be furnished to the STATE and is subject to the applicable State and Federal laws, both criminal and civil. By iger---7. q Mayor e % EXHIBIT A RANGE OF DIRECT PAYROLL COSTS Regular Time Overtime Classification From To From To Senior Engineer $20.00 $23. 50 $20.00 $23. 50 Engineer 5 19.00 22.00 19.00 22.00 Engineer 4 16.00 19.00 24.00 28. 50 Engineer 3 14.00 16.00 21.00 24.00 Engineer 2 13.00 14.00 19.50 21.00 Engineer 1 11.00 13.00 16. 50 19. 50 Engineer in Training 10.00 11.00 15.00 16. 50 Technician 5 14.00 15.50 21.00 23. 25 Technician 4 12.00 14.00 18.00 21.00 Technician 3 10.00 12.00 15.00 18.00 Technician 2 9.00 10.00 13. 50 15.00 Technician 1 7.00 9.00 10. 50 13. 50 Technician - Temporary 5.00 7.00 7. 50 10. 50 Clerical 9.00 11.00 9.00 16. 50 Clerical - Temporary 6.00 9.00 9.00 13. 50 Accountant 10.00 14.00 13. 50 21.00 EXHIBIT B PAYROLL BURDEN AND FRINGE COSTS % of Direct Productive Payroll Federal Insurance Contributions Act 10.40 State and Federal Unemployment Compensation 0. 62 Workmen's Compensation Insurance 1.00 Paid Holidays, Vacations, Sick Leave 12.42 Employee-Established Pension Plans and Relocated Allocations 5.30 Group Insurance and Bonus 23. 51 TOTAL PAYROLL BURDEN AND FRINGE COSTS 53.25 EXHIBIT C OVERHEAD AND INDIRECT COSTS % of Direct Productive Payroll Administration, including supervision (excluding salaries of principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement) , secretarial, clerical, bookkeeping and library 17. 65 Depreciation and Amortization 10. 64 Insurance, including accident, liability, valuable papers 6.21 Income Tax 0.73 Travel Expense not assigned to clients 0.36 Professional Services 0.84 Miscellaneous Business Expense 27. 19 63. 62 r AVERAGE HOURLY PROJECT RATES (. Hampton, Lenzini and Renwick, Inc. Date:DECEMBER 7, 1989 Project:ELGIN, BIG TIMBER ROAD, SEC 83-00128-00-WR, PROJ NO. M-5293(9) Reference Model No. 119 ; PROJ:ECT ; CONST:RUCTION ; TYPI;NG AND ; RES;IDENT ADMINISTRATION ; GUID:ANCE ; PRI:NTING ; INSP;ECTION ( ; CLASSIFICATION SALARY ; t PART ; WGT. RATE ; t PART ; WT. RATE ; t PART ; WGT. RATE % PART ; WGT. RATE ( SENIOR ENGINEER 23.25 100.00 23.25 ; 28.04 6.52 .00 ; .00 .00 .00 ENGINEER 5 21.03 .00 .00 .00 ; .00 ' .00 .00 .00 ENGINEER 4 17.48 .00 .00 .00 .00 .00 .00 .00 ( ENGINEER 3 14.94 .00 71.96 10.75 .00 .00 .00 .00 ENGINEER 2 13.75 .00 .00 .00 .00 .00 .00 .00 ENGINEER 1 13.00 .00 .00 .00 .00 .00 .00 .00 17 ENGINEER IN TRAINING 11.00 .00 .00 , .00 ; .00 .00 .00 .00 TECHNICIAN 5 15.00 .00 .00 ' .00 ' .00 .00 .00 .00 TECHNICIAN 4 14.00 .00 .00 .00 .00 .00 58.49 8.19 ( TECHNICIAN 3 11.53 .00 .00 .00 .00 .0C 37.74 4.35 TECHNICIAN 2 9.41 .00 .00 .00 .00 .00 .00 .00 TECHNICIAN 1 8.00 .00 .00 .00 .00 .00 3.77 .30 ( TECHNICIAN TEMPORARY 5.75 .00 .00 .00 .00 .00 .00 .00 CLERICAL 10.80 .00 .00 .00 100.00 10.80 .00 .00 CLERICAL TEMPORARY 7.55 .00 .00 .00 .00 .00 .00 ( ACCOUNTING 13.55 .00 .00 .00 .00 ; .00 .00 .00 .00 AVERAGE PAYROLL RATE , 100.00 23.25 100.00 17.27 100.00 10.80 100.00 12.84 iir EXHIBIT D Prepared By Hampton, Lenzini and Renwick, Inc. IC ir 4. L ( ( L I ( Page 1 AVERAGE HOURLY PROJECT RATES ( . Hampton, Lenzini and Renwick, Inc. Date:DECEMBER 7, 1989 Project:ELGIN, BIG TIMBER ROAD, SEC 83-00128-00-WR, PROJ NO. M-5293(9) ( ; Reference Model No. STA KING ; P;AY ; DOCUM;ENTATION QUA LITY ; SH;OP ESTIMATE ; ; CON TROL ; DRAW;INGS C, ; CLASSIFICATION % PART WGT. RATE ; % PART ; WGT. RATE ; % PART ; WGT. RATE t PART WGT. RATE t PART ; WGT. RATE ( SENIOR ENGINEER .00 .00 ; .00 ; .00 .00 .00 .00 ; .00 ; .00 .00 ENGINEER 5 .00 .00 ; .00 ; .00 .00 .00 .00 ; .00 ; 69.23 14.56 ENGINEER 4 .00 .00 ; .00 ; .00 .00 .00 .00 ; .00 .00 .00 ( ENGINEER 3 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ENGINEER 2 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ENGINEER 1 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ( ENGINEER IN TRAINING .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 TECHNICIAN 5 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 TECHNICIAN 4 33.33 4.67 100.00 14.00 65.28 ; 9.14 28.57 4.00 7.69 1.08 ( TECHNICIAN 3 .00 ; .00 .00 .00 .00 .00 .00 .00 .00 TECHNICIAN 2 33.33 3.14 .00 34.72 3.27 ; 71.43 6.72 ; 23.08 2.17 TECHNICIAN 1 33.33 ; 2.67 .00 .00 .00 ; .00 .00 .0C .0C ( TECHNICIAN TEMPORARY .00 .00 .00 .00 ; .00 ; .00 .00 .00 .00 CLERICAL .00 .00 .00 .00 •; .00 .00 .00 .00 .00 CLERICAL TEMPORARY .00 .00 ; .00 .00 .00 ; .00 .00 ; .00 .00 ( ACCOUNTING .00 .00 ; .00 .00 .00 .00 .00 .00 .00 .00 ; .00 ; .00 .00 AVERAGE PAYROLL RATE 100.00 ; 10.47 100.00 14.00 100.00 12.41 1 100.00 10.72 ; 100.00 17.81 r EXHIBIT D Prepared By Hampton, Lenzini and Renwick, Inc. L IL C L ( l C . Page 2 AVERAGE HOURLY PROJECT RATES . Hampton, Lenzini and Renwick, Inc. Date:DECEMBER 7, 1989 Project:ELGIN, BIG TIMBER ROAD, SEC 83-00128-00-WR, PROJ NO. M-5293(9) (• Reference Model No. ; CHANGE RECORD ORDERS DRAWINGS ; CLASSIFICATION ; t PART ; WGT. RATE t PART ; WGT. RATE ( ;SENIOR ENGINEER .00 ; .00 .00 .00 ;ENGINEER 5 .00 .00 .00 .00 ENGINEER 4 .00 .00 .00 .00 ENGINEER 3 .00 .00 .00 .00 ENGINEER 2 .00 .00 .00 .00 ENGINEER 1 .00 .00 .00 .00 ( ENGINEER IN TRAINING .00 .00 .00 .00 TECHNICIAN 5 .00 .00 .00 .00 ;TECHNICIAN 4 25.00 3.50 .00 .00 ;TECHNICIAN 3 .00 .00 .00 .00 ;TECHNICIAN 2 75.00 7.06 100.00 9.41 ;TECHNICIAN 1 .00 .00 .00 ( ;TECHNICIAN TEMPORARY .00 .00 .00 ;CLERICAL .00 .00 .00 ;CLERICAL TEMPORARY .00 .00 .00 ( ;ACCOUNTING .00 .00 .00 .00 AVERAGE PAYROLL RATE 100.00 10.56 100.00 9.41 ir EXHIBIT D Prepared By Hampton, Lenzini and Renwick, Inc. L' ( , (. Page 3 ( COST ESTIMATE OF CONSULTANT'S SERVICES Hampton, Lenzini and Renwick, Inc. Date:DECEMBER 7, 1989 Project:ELGIN, BIG TIMBER ROAD, SEC 83-00128-001R, PROJ NO M-5293(9) C-' Reference Model No. ; 119 120 ESTIMATED:COST IN DOLLARS ( Current Multiplier ; 1.1687 OVERHEAD & IN-HOUSE ; SERVICES % OF NUMBER OF PAYROLL FRINGE DIRECT ; SUBTOTAL PROFIT BY TOTAL GRAND ITEM ; MAN HOURS BENEFITS COSTS ; OTHERS TOTAL ( (A) (8) (C) (D) (E) (F) (G) (H) (I) ( PROJ. ADMINSTRATION 20.00 465.00 543.45 1,008.45 157.44 1,165.89 .68 CONSTRUCT. GUIDANCE 535.00 9,239.45 10,798.15 20,037.60 3,128.25 (0)2,590.00 25,755.85 15.12 TYPING & PRINTING 62.00 669.60 782.56 25.00 1,477.16 230.33 1,707.49 1.00 C RESIDENT INSPECTION 2,650.00 34,026.00 39,766.19 73,792.19 11,520.35 85,312.54 50.07 STAKING 564.00 5,905.08 6,901.27 271.00 13,077.35 2,038.61 15,115.96 8.87 PAY ESTIMATES 40.00 560.00 654.47 1,214.47 189.60 1,404.07 .82 ( ;DOCUMENTATION 576.00 7,148.16 8,354.05 15,502.21: 2,420.19 17,922.40 10.52 ;QUALITY CONTROL 42.00 450.24 526.20 976.44: 152.44 (b)19,193.58 20,322.46 11.93 ;SHOP DRAWINGS 26.00: 463.06 541.18 1,004.24; 156.78 1,161.02: .68 ;CHANGE ORDERS 12.00: 126.72 148.10 274.82; 42.90 317.72: .19 ;RECORD DRAWINGS 8.00; 75.28 87.98 163.26: 25.49 188.75: .11 ;TOTALS 4,535.00:59,128.59 69,103.60 296.00 128,528.19: 20,062.38 21,783.58: 170,374.15: 99.99 EXHIBIT E (a)COLLINS AND RICE, INC. (b)PROFESSIONAL SERVICE INDUSTRIES, INC. IL C L ( • L ( C Page 1 SUMMARY OF DIRECT COSTS Stakes (600) $120 . 00 Lath (600) 126. 00 Spray Paint (1 case) 25. 00 $271. 00 Copy Paper (500 sheets) 25. 00 TOTAL $296 . 00 COLLINS I'-NO RICE, INC. Consulting Engineers 431 SOUTH GRAND AVENUE,WEST • SPRINGFIELD,ILLINOIS TELEPHONE 217/525-1030 62704-3788 December 5, 1989 Hampton, Lenzini and Renwick, Inc. 380 Shepard Drive Elgin, Illinois 60123 Subject: Kane County Section 83-00128-00-WR Big Timber Road Gentlemen: We agree to provide the following engineering services relative to the construction phase of the subject project. 1 . Check shop drawings. 2. Provide coordination services relative to plan interpretation and project layout. 3. Consultation services as required. The engineering fee for this work will be our eligible actual salary costs, plus the approved rates for payroll burden and fringe and overhead and expense costs plus a fixed amount of $266.00 to cover profit only. The actual amount payable shall not exceed $2,590.00 unless there is a substantial overrun in the time necessary for the Engineer to complete the work due to causes beyond his control . We understand that we will be governed by the various provisions of Form BLR 4352, Construction Engineering Services Agreement for Federal Participation. Attached is Exhibit A showing the method of arriving at the estimated engineering fee. If you find this satisfactory, please sign one copy and return for our files. Very truly yours, COLLINS and RICE, Inc. b1;ab �L M J. Rice MJR:d APPROVED DATE RECEIVED DEC 7 \989 HI- & R. I>�C. ROUTE: Big Timber Road EXHIBIT A , , SECTION: Section 83-00128-00-WR CONSTRUCTION ENGINEERING SHEET 1 PROJECT . COUNTY: Kane County JOB NO. Overhead and Fringe Benefit rates on file with IDOT = 127.92 : ESTIMATED COST IN DOLLARS ; , , , :, : NUMBER : : OVERHEAD : IN-HOUSE : : : Ca) : : : OF MAN : : & FRINGE : ❑IRECT : : : SERVICES : : : HOURS : PAYROLL : BENEFITS : COSTS : SUBTOTAL : PROFIT : BY OTHERS : TOTAL : ITEM : CA) : (B) : (C) : CO) : (E) : (F) : CG) : (H) : , , , : : : : : : CHECK SHOP DRAWINGS : 16 : 240 : 307 : : 547 : 72 : : 619 : a CONSTRUCTION COORDINATION : 24 : 456 : 583 1 : 1,039 : 137 : : 1, 176 : , , , , a , , , CONSULTATION : 8 : 192 : 246 : : 438 : 57 : : 495 : , , , , a , , , : I : : : : Travel Expense : : : : : , , 1,200 miles @ $0.25/mile : 1 1 : 300 : 300 : : : 300 1 : : : : : , , , , , , , , , , , , , , a a a a , , , , , ' ' a, , , a a , , , : : : : : : Totals : 48 : 888 1 1, 136 : 300 : 2,324 : 266 : : 2,590 : • Ca) Describe Services - rf Professional Service Industries, Inc. N December 6 , 1989 Hampton, Lenzini and Renwick, Inc . 380 Shepard Drive Elgin, Illinois 60123-7010 Attention: Mr . Robert Lenzini President Re : Construction Materials Testing and Inspection Services Big Timber Road FAU Route Number 1302 Section Number 83-00128-00-WR Kane County, Illinois PSI Number: 042-126 Gentlemen: As per the December 5 , 1989 meeting between Mr . Robert Lenzini of Hampton, Lenzini and Renwick, Inc . to Mr. John J . Balun of Professional Service Industries , Inc . , PSI is pleased to submit the following proposal for providing construction materials testing and inspection services for the referenced project . PSI proposes to provide experienced, technical personnel to perform the necessary testing and inspection services in accordance with project specifications . It is also proposed to accomplish the work on a unit price basis in accordance with the attached Schedule of Services and Fees and that the work be performed pursuant to the PSI General Conditions . Copies of the PSI Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal . PSI ' s fees would be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed. PSI can proceed with the work on the basis of verbal authorization; however, please sign and return one ( 1 ) copy of this proposal intact . When returning the proposal ,please complete the attached Project Data Sheet so that your file can be properly established. RECEIVED DEC 7 1989 HL' & R. INC. 1403 Timber Drive • Elgin, IL 60123 • Phone:312/931-7110 Pro4essional Service Industries Hampton, Lenzini and Renwick, Inc . December 6 , 1989 Page two of nine PSI performs a complete range of construction materials testing and inspection services . In addition to those listed in the Schedule of Services and Fees , your project can be provided with the following : - Welder qualification observation and testing. - Structural Steel fabrication observation and testing, including nondestructive tests on welds . PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase . Respectf ly submitted, PR S I• SERVICE INDUSTRIES, INC. B lun Senor Division M nager 41PK1 Lr" Thor L. Moody Elgin Division Manager JJB/TLM: lr Attachments : Estimate of Time & Costs Schedule of Services and Fees Project Data Sheet General Conditions Affirmative Action Statement Certificate Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion AGREED TO THIS DAY OF , 1989 BY : TITLE: FIRM: Professional Service Industries Hampton, Lenzini and Renwick , Inc . December 6 , 1989 Page four of nine TOTAL CHARGES COMPACTION CONTROL $ 6,174 . 00 P.C.C. CONCRETE $ 2 ,850 . 00 BITUMINOUS CONCRETE $ 6, 658 . 98 LABORATORY SERVICES $ 870 . 60 ENGINEERING SERVICES $ 1 , 900 . 00 MISCELLANEOUS CHARGES $ 740 . 00 TOTAL COST NOT TO EXCEED: $19 , 193 . 58 REMARKS 1 . Personnel rates quoted are based on an 8 hour work day, Monday through Friday with a minimum charge of 3 hours per day . Services performed outside of these hours and on Saturdays , Sundays and holidays will be subject to overtime rates . Rates are based on portal to portal time . 2 . All rates presented in this proposal are applicable to to your projects for the period through December 31 , 1990 , thereafter, all rates quoted in this proposal are subject to escalation on January 1 , 1991 . 3 . Invoices will be submitted once a month for services rendered during the prior month. 4 . Rates quoted above include five ( 5 ) copies of reports distributed and mailed in accordance with your instructions . Additional copies will be billed at a rate of $0 . 25 per sheet . 5 . A certificate of insurance will be supplied upon request . Prolersional Service Industries Hampton, Lenzini and Renwick , Inc . December 6 , 1989 Page three of nine ESTIMATE OF TIME & COSTS COMPACTION CONTROL Sub-Base 68 Hours Base Course 32 Hours Bituminous Concrete 96 Hours 196 Hours Cost : 196 Hours x $ 31 . 50/Hour = $6 , 174 . 00 p . C . C . CONCRETE FIELD TESTING Sidewalks , Driveways , Curb & Gutter, and Base Course 100 Hours Cost : 100 Hours x $28 . 50 = $2 ,850 . 00 BITUMINOUS CONCRETE SURFACE. BINDER AND BASE Bituminous Proportioning Plant Inspection - Per Ton 22 , 962 Tons Cost : 22 , 962 Tons x $0 . 29 = $6 , 658 . 98 (Minimum Charge - $120 . 00 Per Day) Where the contractor has the option, and exercises it , to utilize recycled materials in bituminous base course or binder, an added fee will be necessary to cover sampling of the bituminous stockpile and eight to ten extractions to ascertain the composition of the stockpile in accordance with IDOT standard procedures . The work will be done for a lump sum fee . Per Stockpile Evaluation: $ 500 . 00 LABORATORY SERVICES Compressive Strength Testing of Concrete Cylinders : 68 Cylinders Cost : 68 Cylinders x $7 . 95 = $ 540 . 00 Moisture Density Tests (Standard) : 3 Tests Cost : 3 Tests x $110 . 00 = $ 330 . 00 Total Lab: $ 870 . 60 ENGINEERING SERVICES : Project Engineer 40 Hours Cost : 40 Hours x $47 . 50 = $1 , 900 . 00 MISCELLANEOUS 2 Days - A minimum charge for Asphalt = $ 240 . 00 Recycle Stockpile Sample Testing 1 x $500 . 00 = $ 500 . 00 }iampton, Lenzini and. Renwick, Inc. December 6 , 1989- .Page five of nine PROFESSIONAL SERVICE INDUSTRIES, INC. PITTSBURGH TESTING LABORATORY/A & H FLOOD DIVISION SCHEDULE OF SERVICES&FEES•CONSTRUCTION OUALTIY CONTROL EFFECTIVE JANUARY 1, 1989 Laboratory Testing Services Compression testing of concrete cylinders in accordance with ASTM procedures- Concrete cylinder delivered to our laboratory. Supplying molds,testing and reporting Each $ 7.95 Pick-up of test cylinders and transportation to laboratory. Within 25 miles radius of laboratory Per Trip $ 30.00 Concrete cylinder test mold,per case of 20 Per Case $ 30.00 Density relationship of soils ASTM D698 - AASHTO T99(Standard) Each $110.00 ASTM D1557 - AASHTO T180(Modified) Each $125.00 ASTM D-2049(Relative Density) Each $130.00 Sample preparation Each $ 20.00 Sieve Analysis ASTM C-136(Unwashed) Each $ 40.00 ASTM C-117(Washed over No.200 Sieve) Additional $ 22.00 Services and fees for laboratory testing not listed will be quoted upon request. Field Testing Services Engineering Technician Services for Field Testing. 1. Concrete testing-batch plant. 2. Concrete testing-site. 3. Field density testing for compaction control. 4. Field density testing asphalt concrete. 5. Witnessing of test procedures by others. Per Hour $ 28.50 Per Hour Overtime $ 42.00 Senior Engineering Technician Services for Field Testing 1. Shallow footing and subgrade inspection. 2. Roofing inspection. 3. Reinforcing steel inspection. Per Hour $ 31.50 Per Hour Overtime $ 47.50 Senior Engineering Technician Services for Asphalt Plant Testing 1. Verify suitability of raw materials. 2. Control proportions and mixing formula. 3. Sample for and perform extraction analysis. 4. Perform density tests of pavement cores. Per Hour $ 31.50 Per Hour Overtime $ 47.50 Senior Engineering Technician Services for Steel Testing 1. N D E Level II Inspector 2. Certified Welding Inspector Per Hour $ 34.00 Per Hour Overtime $ 50.00 Equipment charges-Per Hour Pachometer $4.00 Windsor Probe $4.00 Nuclear Density Gauge $5.00 (Probe charge$23.50/set 3) Asbestos Testing Services Field Personnel and Sample Analysis 1. Project Manager, Building Inspector and Air Sampling Professional. Per Hour $ 52.50 Per Hour Overtime $ 79.00 2. Air Filter Analysis and Bulk Sample Analysis Each $ 31.50 3. TEM Analysis Each $475.00 Engineering Services Engineering Services for test evaluation,report preparation,contract administration, Job site meetings and consultation. (Typically one-half to one hour per technician day.) Principal Engineer Per hour $ 80.00 Project Engineer Per hour $ 65.00 Staff Engineer Per hour $ 47.50 Field Engineer Per hour $ 42.00 Secretarial Services Per hour $ 21.00 Remarks If applicable,a transportation charge of$0.45 per mile and per diem charge of$55.00 will be added. All field testing services are portal to portal our facility with a minimum charge of 4 hours. Overtime rates will apply for services performed outside 7:00 A.M.and 5:00 P.M.Monday through Friday and on Saturdays,Sundays,holidays,and in excess of eight hours per day. Weekly and monthly rates will be quoted upon request. The prices listed above include up to 4 copies of the report distributed and mailed in accordance with your Instructions. Additional copies will be billed at the rate of$0.30 per sheet,plus secretarial time. The above rates are applicable for calendar year 1989. HEJL189 • .Hampton, Lenzini and Renwick, Inc . December 6 , 198..9 Page six of nine PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: ( ) Copies To: ( ) Copies To: Attn• Attn- 6. Invoicing Address: Attn: 7. Site Contact: Telephone No.• 8. Other Pertinent Information: • PSI B-900-13(1) • 'Hampton, Lenzini and Renwick , Inc . December 6 , 1989 Page seven of nine GENERAL CONDITIONS 1.PARTIES AND SCOPE OF WORK:Professional Service Industries,Inc.(hereinafter referred to as"P.S.I.")shall include said company,or its particular division, subsidiary or affiliate performing the work. "Work" means the specific geotechnical, analytical, testing or other service to be performed by P.S.I. as set forth in P.S.I.'s proposal, the clients' acceptance thereof and these General Conditions. "Client" refers to the person or business entity ordering the work to be done by P.S.I. If the client is ordering the work on behalf of another, the client represents and warrants that the client is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, the client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for the clients'intended purpose. Client shall communicate these General Conditions to each and every third party to whom the client transmits any part of P.S.I.'s work. P.S.I. shall have no duty or obligation to any third party greater than that set forth in P.S.I.'s proposal,client's acceptance thereof and these General Conditions. The ordering of work from P.S.I shall constitute acceptance of the terms of P.S.I.'s proposal and these General Conditions. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by P.S.I. or others to be timely and properly performed in accordance with the plans, specifications and contract documents, and P.S.I.'s recommendations. No claims for loss, damage or injury shall be brought against P.S.I. by client or any third party unless all tests and inspections have been so performed and unless P.S.I.'s recommendations have been followed.6iie rees to indemnify, defend and hold P.S.I., its officers, employees and agents harmless fro rrd all claims, suits, losses, costs and expenses, inc u • ited to, court costs and reasonable attorney's fees in a i such tests and inspections are not so performed or P.S.I.'s recommendations are except to the exten re is the result of the negligence, willful or wanton act or omission of P.S.I., its officers, agents or employees. P.S.I. ma o a roof investigation, perform roof cuts ("cuts") as part of the investigation. Client agrees to provide a roof contrac oice to make suc ye samples as directed by P. I. personnel; and to promptly make necessary repair at a roof contractor is not so provided by client, clien P.S.I. may and remove such cuts as PSI de in the course of the investigation.Roof cut areas will be temporarily patched by P.S.I. perso agrees to pay f , materials and labor needed for any and all temporary patches and will hold P.S.I. harmless for any and all dama ems and the building and its.contents which may arise from removal and repairing of roof cuts. 3. SCHEDULING OF WORK: The services set forth in P.S.I.'s proposal and client's acceptance will be accomplished in a timely, workmanlike and professional manner by P.S.I. personnel at the prices quoted. If P.S.I. is required to delay commencement of the work or if, upon embarking upon its work, P.S.I. is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by the client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of P.S.I., additional charges will be applicable and payable by client. 4.ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for P.S.I.to perform the work.P.S.I.shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment; however, P.S.I. has not included in its fee the cost of restoration of damage which may occur. If client desires or requires P.S.I. to restore the site to its former condition,upon written request P.S.I.will perform such additional work as is necessary to do so and client agrees to pay to P.S.I.the cost thereof. ADE OBJECTS: Unless P.S.I. has assumed in writing the responsibility of locating subsurface or . -• ••-• client agrees to indemnify and saveP.S.I. harmie . . : - • - costs and exoen - • •: - • •• • • orneys'tees as a of personal injury, death or property damage occurring with re •- • • - F- • • ••• •': - •• Ilia • urface or latent con or damage to subsurface • . -•• . • - , Ines or conduits where the actual or potential presence and location t ereo t. • •• •_ •�' 6.RESPONSIBILITY:P.S.I.'s work shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. P.S.I. shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. P.S.I.'s work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. 7. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty(60)days after submission of P.S.I.'s report. 8. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser)until paid. Client agrees to pay P.S.I.'s cost of collection of all amounts due and unpaid atter sixty(60)days,including court costs and reasonable attorney's fees. 9.TERMINATION: This Agreement may be terminated by either party upon seven day's prior written notice. In the event of termination, P.S.I. shall be compensated by client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place P.S.I.'s files in order and/or protect its professional reputation. 10.WARRANTY:P.S.I.'s services will be performed, its findings obtained and its reports prepared in accordance with its proposal,client's acceptance thereof, these General Conditions, and wrtn generally accepted principals and practices. In performing its professional services, P.S.I. will use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. This warranty is in lieu of all other warranties or representations, either express or implied. Statements made in PSI reports are opinions based upon engineering judgement and are not to be construed as representations of fact. • • • ' . • •r•fessional employees be found to have been negligent in the performing of professional services or • , • . •- - ;, and breached any express or Imps ea w. . , - . - - • • . •-• - - ••• le - - • • a i pans claiming to h any way relied upon P.S I 's -• : s - aggregate amount o e 1•. • • . . ., •• :: . -••- • -- :•• •••l"•� CfPfe Tuie.l ill ou,UU' . ' or the total amount of the fee paid to P.S.I.for its work performed with respect to the project whichever amount is greater. 1, In the event client is unwilling or unable to limit P.S.I.'s liability in accordance with the provisions set forth in this paragraph, client may, upon written request of client received within five days of client's acceptance hereof, increase the limit of P.S.I.'s liability to$500,000.00 or the amount of P.S.I.'s fee whichever is the greater, by agreeing to pay P.S.I. a sum equivalent to an additional amount of 5%of the total fee to be charged for P.S.I.'s services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. a • ce.t to the extent specifically addressed in paragraph 10,client agrees to indemnify,defend and hold P.S.I.,its offic- -••• - agents and rndependen • - . : • - •. .n and all claims, suits, losses,costs and expense • •- :- . -• to court costs and reasonable attorneys' fees arising or alleging to have arise •• • ,?.:• ••-• • • • • . n the event that client or client's principal bring any suit,cause of action,claim or counter . .. .- : • . e extent that P.S.I.s a • •.• •=- - • •f action,claim or counter, 1 .1 / the party initiatin. ^• ^ -• • , ••y 0 . .1. the costs and expenses incurred by P.S.I. to answer and/or defend suc sui , -• - . -- - aim, including reasonable attorney's fees, court costs, witness fees and other related expenses. 12. ARBITRATION: Anything contained in any other contract documents notwithstanding, P.S.I. shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of P.S.I.'s work or these General Conditions or any provision wherein P.S.I. waives its rights to a mechanic's hen. PSI 13-900-11(3) ,.,Hampton, Lenzini and Renwick, Inc. December 6 , 19R9 Page eight of nine S.O.N. ffF-118 Revision 0 ADMINISTRATIVE OFrlcFs Page 1 of 1 SUITE 34 1100 JORII BLV7). OAF: BROOK.ILLINOIS 6U521 TELEPHONE 1: 321 79-. STANDARD OPERATING PROCEDURE May 24, 1985 SUBJECT: Affirmative Action Professional Service Industries, Inc. is committed to taking such affirmative acts, as are necessary to insure compliance with all applicable equal employment opportunity requirements of Municipal, State and Federal Laws. This statement represents management policy. P.S.I. unequivocally prohibits discrimination against any employee or applicant for employment, because of race, color, sex, creed, handicap, age, national origin, or any condition unrelated to skill or competence. P.S.I. will recruit new employees by contacting sources representing the total community, including sources of minority group personnel. This policy also applies to such matters as promotion, upgrading, transfers, termination, rates of pay and other benefits. LL/jh Hatripton, Lenzini and Renwick, Inc . December 6 , 1989 Page nine of nine Federal Aid Project M-5293( 9 ) 4 Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction ( 1 ) The Contractor/Material Supplier/Engineer certifies to the best of its knowledge and belief that it and its principals are not presently debarred, suspended, proposed for debar- ment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ( 2 ) Where the Contractor/Material Supplier/Engineer is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this contract/agreement. Date P _ be 6 , 19 89 By 4- - John J. Ralnn Title enior ivi si on Manager Company PROFESSIONAL SFRVTCF INDUSTRIES, INC. Address Ron Roundabout, Suite F West Dundee_ I11inois 60118 I . 1 Municipality L Name Hampton, Lenzini and Elgin 0 C Renwick, Inc. County C 0 Address Kane A CONSTRUCTION ENGINEERING N 380 Shepard Drive Township L SERVICES AGREEMENT S City FOR U Elgin Section A MOTOR FUEL L State 83-00128-00-WR G TAX FUNDS T Illinois Project No. E A Zip Code M-5293(9) N N 60123-7010 Job No. C T Existing C-91-198-83 y Structure No. 045-3014 THIS AGREEMENT Is made and entered into this 17 day of ( IL( , 19Tbetween the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services In connection with the construction of the above SECTION.Motor Fuel Tax Funds allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "STATE", will be used entirely or in part to finance ENGINEER services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used, they shall be Interpreted to mean: DISTRICT ENGINEER District Engineer, Department of Transportation RESIDENT ENGINEER LA employee directly responsible for construction of SECTION CONTRACTOR Company or Companies to which the construction contract was awarded PROJECT DESCRIPTION Name Big Timber Road Route FAU 1302 Length 1.04 MI. Termini From 200 feet east of McLean Boulevard to Illinois Route 31 Description: Total reconstruction of an existing two-lane rural type flexible base roadway to a four-lane urban type full-depth asphalt roadway with curb and gutter, closed drainage and bridge replacement. AGREEMENT PROVISIONS THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvement hereinbefore described, and checked below: a. (X) Proportioning and testing of concrete mixtures in accordance with the 'Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the STATE and promptly submit reports on forms prepared by said Bureau. b.(X) Proportioning and testing of bituminous mixtures (including extraction test) in accordance with the 'Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the STATE, and promptly submit reports on forms prepared by said Bureau. c.(X) All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. d.(X) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract. e.(X) lnspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research, of the STATE, and s..or-at inspection reports to the LA ora the STATE In accordance with the pclicies of the said SlATE. BLR 4352 (Rev. 7-87) Sheet 1 • . • f.(X) Inspect, document, and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control. g.(X) Geometric control including all construction staking and construction layouts. h.(X) Quality control in the construction work In progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. i.(X) Measurement and computation of pay items. j.(X) Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes In plans and authorized extra work. k. (X) Preparation and submission to the LA In the required form and number of copies, all partial and final payment estimates, change orders, records,documentation, and reports required by the LA and the STATE. I.(X) Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the RESIDENT ENGINEER or authorized representative. 4. To attend conferences and visit the site of the work at any reasonable time when requested to do so by the LA or representatives of the STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned, or transferred to any other party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. That payment by the LA shall be as hereinafter provided. The ENGINEER shall submit invoices, based on his progress reports, to the RESIDENT ENGINEER, not oftener than once per month for partial payment on account for his work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. 7. That the engineer is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that he has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER'S work and correction of any errors, omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or atter acceptance by the LA. Should any damage to persons or property result from his error, omission or negligent act, the ENGINEER shall indemnify the LA and its employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. He shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable Federal Statutes, State of Illinois Statutes, and local laws or ordinances of the LA. BLR 4352 (Rev. 7-87) Sheet 2 ► THE ENGINEER FURTHER AGREES, to comply with all applicable Equal Employment and Nondiscrimination Acts, Executive Orders, and Regulations required by the U.S. Department of Transportation (DOT) including: a. 23 USC 710.405(b), Nondiscrimination on Basis of Sex In Right-of-Way Acquisition. b. 42 USC 2000d-1, Title VI of the Civil Rights Act of 1964 (Nondiscrimination on Basis of Race, Color, or National Origin). c. 49 CFR 21, Nondiscrimination In DOT Programs. d. 49 CFR 23, Participation by MBE's in DOT Programs. It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate In the performance of contracts/agreements financed in whole or in part with Federal funds under this AGREEMENT. The ENGINEER agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of this agreement. In this regard the ENGINEER shall take all necessary and reasonable steps In accordance with 49 CFR Part 23, to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform portions of this agreement. The ENGINEER shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The ENGINEER shall include the provisions of this "Policy" in every subcontract, including procurement of materials and leases of equipment. Failure to carry out the requirements set forth above shall constitute a breach of this agreement and may result in termination of the agreement or such remedy as deemed appropriate. e. 49 CFR 27, Nondiscrimination on Basis of Handicap. THE LA AGREES, 1. To furnish a RESIDENT ENGINEER to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least twenty-tour hours in advance of the need for personnel or services. 4. That fur the performance Dy the ENGINEER of the services set forth above, the LA shall pay the ENGINEER on the following basis of payment: Amount of Basic Fee. The ENGINEER shall receive, as full payment for completing all work required of him under this AGREEMENT, a basic fee, consisting of payment for the items shown in Section 4 (a), (b), (c) and (d) hereof. a. The ENGINEER shall be reimbursed for his actual costs related to the salaries of his employees for the t,mo directly attributable and properly charof,acle to the SECTION under the te-ms OT this AGREEMENT, including salaries of principals of the ENGINEER for time they are productively engaged in work necessary to fulfill t'le terms of this AGREEMENT. A tabulation showing the present regular hourly salary range for each class of employee Exacted to work on this SECTION is as toll�w�: BLR 4352 (Rev. 7-87) Sheet 3 HOURLY RATE RANGE CLASSIFICATION FROM TO Principal Engineer Engineer SEE EXHIBIT A Chief of Party Instrument Man Rodman _ Inspectors Clerical The classifications of the employees used in the work sh uld be consistent with the employee classifications and estimated manhours shown in EXHIBIT A. If the personnel of the firm, Including the Principal Engineer, perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. In the event that additional classes of employees must be utilized or if salary adjustments are made, the above data may be modified by agreement between the ENGINEER and the LA. Costs related to salaries shall include actual withholdings and contributions by either the employee or the ENGINEER for the approved payroll burden items set forth in Exhibit of this Agreement. B and C b. The ENGINEER shall be reimbursed for his direct non-salary oasts which are directly attributable and properly allocable to the Project. (1) Direct non-salary costs paid by the ENGINEER may also include in-plant and travel expenses. Travel expenses within the State of Illinois only, that are necessary to fulfill the terms of this AGREEMENT, may be directly charged to the SECTION. Reimbursable travel expenses shall include the reasonable cost of meals, lodging, incidental expenses, and transportation for regular employees and principals of the ENGINEER only while away from their regular place of duty and directly engaged on the SECTION. Travel expenses may be based on actual costs, or on an agreed per diem or mileage basis, or on a combination of the two, provided the resulting charge is reasonable. The ENGINEER will not be required to submit receipts for reimbursement of in-plant and travel expenses, but will be required to submit a detailed listing of such actual expenses certified by him to be direct SECTION costs that are not included in overhead. (2) The withholding provisions contained in Section 5a and 5b of this AGREEMENT shall not apply to costs enumerated in Section 48 above. • c. The ENGINEER shall be reimbursed for his actual overhead or indirect costs to the extent that they are properly allocable to the SECTION. Such costs shall be established in accord with sound accounting principles and buislnes$ practices. Such costs are included in he ovder6ead and expense rate set forth In EXHIBIT AtofatnhClisCAGREEMENT. The rate shown in EXHIBIT A' is provisional for use in computing partial payments. Upon completion of the SECTION, final payment for indirect costs will be determined by audit of the ENGINEER'S accounts to establish the actual indirect costs Incurred during the period of this AGREEMENT which are properly allocable to it. d. The ENGINEER shall be paid a fixed fee (lump sum) of $20,062.38 to cover profit only. The maximum total amount payable, including actual oasts, fixed fee, and contingencies, shall not exceed S 170,374.15 unless there is a substantial change in the scope, complexity, or character of the work, or there is a substantial overrun in the time necessary for the ENGINEER to complete the work due to causes beyond his control. Under these circumstances, adjustments in total compensation to the ENGINEER shall be determined through negotiation between the parties of this AGREEMENT and concurred in by the STATE. BLR 4352 (Rev. 7-87) Sheet 4 5. Partial Payments. The LA, for and in consideration of the rendering of the engineering services enumerated herein, agrees to pay to the ENGINEER for rendering such services the basic fee hereinafter established in the following manner: a. For the first 50% of completed work, and upon receipt of monthly Invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work (See Section 9 of THE ENGINEER AGREES) minus all previous partial payments made to the ENGINEER. b. After 50% of the work Is completed, and upon receipt of monthly Invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work (See Section 9 of THE ENGINEER AGREES) minus all previous partial payments made to the ENGINEER. c. Final Payment - Upon approval by the LA but not later than 60 days after the work is completed and all final measurements and reports have been made and accepted by the LA, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER under Section 5a and 5b of this AGREEMENT1shall be due and payable to the ENGINEER. IT IS MUTUALLY AGREED: 1. That the ENGINEER and his subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administra- tion, or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are In his possession ar.d any such loss or damage shall be restored at his expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at his last known post office address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEEq shall be mutually agreed by the parties hereto. The fixed fee stipulated in Section 4d of THE LA AGREES shall be multiplied by this percentage and added to the ENGINEER'S actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination stall become the property of, and be delivered to, the LA. 5. That any differences between the ENGINEER and the LA concerning the irtercretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA (Including personnel furnished by the ENGINEER) shall, In the opinion cf The STATE oe Incompetent or inadequate, the STATE shall have the right to supplement the engineering and Inspection force or to replace the engineers or Inspectors employed on such work at the expense of the LA. bLR 4352 (Re,. 7-87) Sheet 5 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in Section if of the ENGINEER AGREES. SUCCESSORS AND ASSIGNS That the LA and the ENGINEER bind themselves, their successors, executors, administrators, and assigns to the other party of this AGREEMENT, and to the successors, executors, administrators, and assigns of such other party in respect to alI covenants of this AGREEMENT. Executed by the LA: City of Elgin of the (Municipality/Township/County) State of Illinois, acting by and ATTEST: through its City Council BY L4cXS,-�.Z--%24 BY i� w7G'tfZ'22 City Clerk Title: Mayor (SEAL) Executed by the ENGINEER: Hampton, Lenzini and Renwick, Inc. 380 Shepard Drive ATTEST: Elgin, Illinois 60123-7010 By Sf3 �� By JC . r Title: Secretary Title: President BLR 4352 (Rev. 7-87) Sheet 6 r Federal Aid Project M-5293( 9 ) CERTIFICATION OF THE CONSULTANT I HEREBY CERTIFY that I am the President and duly author- ized representative of the firm of Hampton, Lenzini and Renwick, Inc. , whose address is 380 Shepard Drive, Elgin, Illinois, and that neither I nor the above firm I here represent has: a. Employed or retained for a commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employ- ee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b. Agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT; or c. Paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation or consideration of any kind, or in connection with, procuring or carrying out the AGREEMENT; except as here expressly stated ( if any) : In addition, I and the firm I herein represent: d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e. have not within a three-year period preceding this AGREEMENT been convicted of or had a civil judge- ment rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain or performing a public ( Federal, State or local ) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of em- bezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; f. are not presently indicted for or otherwise crimi- nally or civilly charged by a governmental entity ( Federal, State or local ) with commission of any of the offenses enumerated in paragraph (e) of this certification; Federal Aid Project M-5293(9 ) g. have not within a three-year period preceding this AGREEMENT had one or more public transactions ( Federal, State or local ) terminated for cause or default; h. have not been barred from signing this AGREEMENT as a result of a violation of Sections 33E-3 and 33E-4 of the Criminal Code of 1961 (Chapter 38 of the Illinois Revised Statutes) ; and i. are not in default on an educational loan as pro- vided in Public Act 85-827. I acknowledge that this certificate is to be furnished to the DEPARTMENT and is subject to applicable State and Federal laws, both criminal and civil . /0 M / ,9 By Date Presid t Federal Aid Project M-5293(9 ) CERTIFICATION OF CITY I HEREBY CERTIFY that I am the Mayor of the City of Elgin of the State of Illinois and that the CONSULTANT, Hampton, Len- zini and Renwick, Inc. , or their representative has not been re- quired directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a. employ or retain, or agree to employ or retain, any firm or person; or b. pay or agree to pay to any firm, person or organi- zation any fee, contribution, donation or consid- eration of any kind except as here expressly stat- ed ( if any) : I acknowledge that this certificate is to be furnished to the STATE and is subject to the applicable State and Federal laws, both criminal and civil. -S44'/d' / / 740 By ��' ' ' ' l g ate Mayor * EXHIBIT A RANGE OF DIRECT PAYROLL COSTS Regular Time Overtime Classification From To From To Senior Engineer $20.00 $23. 50 $20.00 $23. 50 Engineer 5 19.00 22.00 19 .00 22.00 Engineer 4 16.00 19 .00 24.00 28. 50 Engineer 3 14.00 16.00 21.00 24.00 Engineer 2 13.00 14.00 19. 50 21.00 Engineer 1 11.00 13.00 16. 50 19. 50 Engineer in Training 10.00 11.00 15.00 16. 50 Technician 5 14.00 15. 50 21.00 23.25 Technician 4 12.00 14.00 18.00 21.00 Technician 3 10.00 12.00 15.00 18.00 Technician 2 9.00 10.00 13. 50 15.00 Technician 1 7.00 9.00 10. 50 13. 50 Technician - Temporary 5.00 7.00 7. 50 10. 50 Clerical 9.00 11.00 9.00 16. 50 Clerical - Temporary 6.00 9.00 9.00 13. 50 Accountant 10.00 14.00 13. 50 21 .00 EXHIBIT B PAYROLL BURDEN AND FRINGE COSTS % of Direct Productive Payroll Federal Insurance Contributions Act 10.40 State and Federal Unemployment Compensation 0. 62 Workmen' s Compensation Insurance 1 .00 Paid Holidays, Vacations, Sick Leave 12.42 Employee-Established Pension Plans and Relocated Allocations 5.30 Group Insurance and Bonus 23. 51 TOTAL PAYROLL BURDEN AND FRINGE COSTS 53. 25 EXHIBIT C OVERHEAD AND INDIRECT COSTS % of Direct Productive Payroll Administration, including supervision (excluding salaries of principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement) , secretarial, clerical, bookkeeping and library 17.65 Depreciation and Amortization 10. 64 Insurance, including accident, liability, valuable papers 6.21 Income Tax 0.73 Travel Expense not assigned to clients 0.36 Professional Services 0.84 Miscellaneous Business Expense 27. 19 63. 62 AVERAGE HOURLY PROJECT RATES ( Hampton, Lenzini and Renwick, Inc. Date:DECEMBER 7, 1989 Project:ELGIN, BIG TIMBER ROAD, SEC 83-00128-00-WR, PROJ NO. M-5293(9) Reference Model No. 119 PROJ ECT ; CONST;RUCTION ; TYPI;NG AND RES IDENT ADMINIS TRATION ; GUID;ANCE ; PRI:NTING INSP ECTION {{ CLASSIFICATION SALARY t PART WGT. RATE % PART WT. RATE t PART ; WGT. RATE ; t PART WGT. RATE ( SENIOR ENGINEER ; 23.25 100.00 23.25 ; 28.04 6.52 ' .00 .00 .00 .00 ENGINEER 5 21.03 .00 ; .00 .00 .00 .00 .00 .00 ENGINEER 4 17.48 .00 ' .00 .00 .00 .00 .00 .00 ( ENGINEER 3 14.94 .00 71.96 10.75 .00 .00 .00 .00 ENGINEER 2 13.75 .00 .00 .00 .00 .00 .00 .00 ENGINEER 1 13.00 .00 .00 .00 .00 .00 .00 .00 ( ;ENGINEER IN TRAINING 11.00 .00 .00 .00 .00 .00 .00 .00 ;TECHNICIAN 5 15.00 .00 .00 .00 .00 .00 .00 .00 TECHNICIAN 4 ; 14.00 .00 .00 .00 .00 .00 58.49 8.19 ( TECHNICIAN 3 ; 11.53 .00 .00 .00 .00 .00 37.74 4.35 TECHNICIAN 2 9.41 .00 .00 .00 .00 .00 .00 .00 TECHNICIAN 1 8.00 .00 .00 .00 .00 .00 3.77 .30 ( TECHNICIAN TEMPORARY 5.75 ; .00 .00 .00 .00 ; .00 .00 .00 CLERICAL 10.80 .00 .00 .00 100.00 10.80 .00 .00 CLERICAL TEMPORARY 7.55 .00 .00 .00 .00 ; .00 .00 ( ACCOUNTING 13.55 .00 .00 .00 .00 .00 .00 .00 .00 AVERAGE PAYROLL RATE 100.00 23.25 100.00 17.27 ; 100.00 10.80 100.00 12.84 ir EXHIBIT D Prepared By Hampton, Lenzini and Renwick, Inc. 4. ( ( I c ' ( • I c Page 1 r AVERAGE HOURLY PROJECT RATES ( Hampton, Lenzini and Renwick, Inc. Date:DECEMBER 7, 1989 Project:ELGIN, BIG TIMBER ROAD, SEC 83-00128-00-WR, PROJ NO. M-5293(9) ( Reference Model No. STA KING ; PAY ; DOCUM;ENTATION QUA LITY ; SH OP ESTIMATE ; CON TROL ; DRAW INGS ( , CLASSIFICATION t PART WGT. RATE ; % PART ; WGT. RATE ; % PART ; WGT. RATE t PART WGT. RATE t PART WGT. RATE ( SENIOR ENGINEER .00 .00 .00 .00 .00 ; .00 .00 .00 .00 .00 ENGINEER 5 .00 .00 .00 .00 .00 ; .00 .00 ' .00 69.23 14.56 ENGINEER 4 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ( ENGINEER 3 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ENGINEER 2 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ENGINEER 1 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ( ENGINEER IN TRAINING .00 .00 .00 .00 .00 .00 .00 .00 ; .00 .00 TECHNICIAN 5 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 TECHNICIAN 4 33.33 4.67 100.00 14.00 65.28 9.14 28.57 4.00 7.69 1.08 ( TECHNICIAN 3 .00 .00 .00 .00 .00 .00 .00 .00 .00 TECHNICIAN 2 33.33 3.14 .00 34.72 3.27 71.43 6.72 23.08 2.17 TECHNICIAN 1 33.33 2.67 .00 .00 .00 .00 .00 .00 .0C ( ;TECHNICIAN TEMPORARY .00 .00 .00 .00 .00 .00 .00 .00 .00 ;CLERICAL .00 .00 .00 .00 .00 .00 ' .00 .00 .00 ;CLERICAL TEMPORARY .00 ; .00 .00 .00 .00 .00 .00 .00 .00 ( ;ACCOUNTING .00 ; .00 .00 .00 .00 .00 .00 .00 .00 .00 ; .00 .00 .00 AVERAGE PAYROLL RATE 100.00 ; 10.47 100.00 14.00 100.00 12.41 100.00 ; 10.72 100.00 17.81 ( EXHIBIT D Prepared By Hampton, Lenzini and Renwick, Inc. ( ( ( 4, ( ( C C( L Page 2 AVERAGE HOURLY PROJECT RATES ( Hampton, Lenzini and Renwick, Inc. Date:DECEMBER 7, 1989 Project:ELGIN, BIG TIMBER ROAD, SEC 83-00128-00-WR, PROJ NO. M-5293(9) Reference Model No. CHANGE RECORD ORDERS DRAWINGS ( ; CLASSIFICATION 2 PART ; WGT. RATE S PART ; WGT. RATE ;SENIOR ENGINEER .00 ; .00 .00 ; .00 ;ENGINEER 5 .00 ; .00 .00 ; .00 ENGINEER 4 .00 .00 .00 .00 ( ENGINEER 3 .00 .00 .00 .00 ENGINEER 2 .00 .00 .00 .00 ENGINEER 1 .00 .00 .00 .00 ( ENGINEER IN TRAINING .00 .00 .00 .00 TECHNICIAN 5 .00 .00 .00 .00 TECHNICIAN 4 25.00 3.50 .00 .00 TECHNICIAN 3 .00 .00 .00 .00 TECHNICIAN 2 75.00 7.06 100.00 9.41 TECHNICIAN 1 .00 .00 .00 ( TECHNICIAN TEMPORARY .00 .00 .00 CLERICAL .00 .00 .00 CLERICAL TEMPORARY .00 .00 .00 ACCOUNTING ; .00 .00 .00 .00 AVERAGE PAYROLL RATE ; 100.00 10.56 100.00 ; 9.41 EXHIBIT D Prepared By Hampton, Lenzini and Renwick, Inc. C ( l • Page 3 ( COST ESTIMATE OF CONSULTANT'S SERVICES Hampton, Lenzini and Renwick, Inc. Date:DECEMBER 7, 1989 Project:ELGIN, BIG TIMBER ROAD, SEC 83-00128-00-WR, PROJ NO M-5293(9) ( Reference Model No. ; 119 120 ; ESTIMATED:COST IN DOLLARS ( Current Multiplier 1.1687 OVERHEAD b IN-HOUSE SERVICES Y OF NUMBER OF PAYROLL FRINGE DIRECT SUBTOTAL PROFIT BY TOTAL GRAND ITEM MAN HOURS , BENEFITS ; COSTS OTHERS , TOTAL ( (A) ; (B) (C) ; (D) (E) (F) (G) (H) (I) ( PROJ. ADMINSTRATION 20.00 465.00 543.45 1,008.45 157.44 1,165.89 .68 CONSTRUCT. GUIDANCE 535.00 9,239.45 10,798.15 20,037.60 3,128.25 (0)2,590.00 25,755.85 15.12 TYPING & PRINTING 62.00 669.60 782.56 25.00 1,477.16 230.33 1,707.49 1.00 ( RESIDENT INSPECTION 2,650.00 34,026.00 39,766.19 73,792.19 11,520.35 85,312.54 50.07 STAKING 564.00 5,905.08 6,901.27 271.00 13,077.35 2,038.61 15,115.96 8.87 PAY ESTIMATES 40.00 560.00 654.47 1,214.47 189.60 1,404.07 .82 ( DOCUMENTATION 576.00 7,148.16 8,354.05 15,502.21: 2,420.19 17,922.40 10.52 QUALITY CONTROL 42.00; 450.24 526.20 976.44: 152.44 (b)19,193.58 20,322.46 11.93 SHOP DRAWINGS 26.00 463.06 541.18 1,004.24: 156.78 1,161.02 .68 ( CHANGE ORDERS 12.00 126.72 148.10 274.82: 42.90 317.72 .19 RECORD DRAWINGS 8.00 75.28 87.98 163.26: 25.49 188.75 .11 ( TOTALS 4,535.00 59,128.59 69,103.60: 296.00, 128,528.19 20,062.38 21,783.58: 170,374.15 99.99, l r EXHIBIT E (a)COLLINS AND RICE, INC. ( (b)PROFESSIONAL SERVICE INDUSTRIES, INC. I. IL IL IL Page 1 , COLLINS RICE, svc Consulting Engineers 431 SOUTH GRAND AVENUE,WEST • SPRINGFIELD,ILLINOIS TELEPHONE 217/525-1030 62704-3788 December 5, 1989 • Hampton, Lenzini and Renwick, Inc. 380 Shepard Drive Elgin, Illinois 60123 Subject: Kane County Section 83-00128-00-WR Big Timber Road Gentlemen: We agree to provide the following engineering services relative to the construction phase of the subject project. 1 . Check shop drawings. 2. Provide coordination services relative to plan interpretation and project layout. 3. Consultation services as required. The engineering fee for this work will be our eligible actual salary costs, plus the approved rates for payroll burden and fringe and overhead and expense costs plus a fixed amount of $266.00 to cover profit only. The actual amount payable shall not exceed $2,590.00 unless there is a substantial overrun in the time necessary for the Engineer to complete the work due to causes beyond his control . We understand that we will be governed by the various provisions of Form BLR 4352, Construction Engineering Services Agreement for Federal Participation. Attached is Exhibit A showing the method of arriving at the estimated engineering fee. If you find this satisfactory, please sign one copy and return for our files. Very truly yours, COLLINS and RICE, Inc. 111(CO ) 1/1/J. Rice MJR:d APPROVED DATE RECEIV ED t) .C I 1989 R. 1TuC. ROUTE: Big Timber Road EXHIBIT A SECTION: Section 83-00128-00-WR CONSTRUCTION ENGINEERING SHEET 1 PROJECT • COUNTY: Kane County JOB NO. Overhead and Fringe Benefit rates on file with IDOT = 127.92 : : ESTIMATED COST IN DOLLARS : , , , NUMBER ; OVERHEAD ; IN-HOUSE ; : : (a) : : : OF MAN : : & FRINGE : DIRECT : : : SERVICES : : : HOURS : PAYROLL : BENEFITS : COSTS : SUBTOTAL : PROFIT : BY OTHERS : TOTAL : ITEM : (A) : (B) : (C) : (D) : (E) : (F) : (G) : (H) : CHECK SHOP DRAWINGS : 16 : 240 : 307 : : 547 : 72 : : 619 : , , , , , , , , CONSTRUCTION COORDINATION : 24 : 456 : 583 : : 1,039 : 137 : : 1, 176 : CONSULTATION : 8 : 192 : 246 : : 438 : 57 : : 495 : , , , , , , , , • Travel Expense : : : : ; : : : : 1,200 miles @ $0.25/mile : : : : 300 : 300 : : : 300 : , , , , , , , , Totals : 48 : 888 : 1, 136 : 300 ; 2,324 : 266 : : 2,590 : (a) Describe Services - 114.25! Professional Service Industries, Inc. December 6, 1989 Hampton, Lenzini and Renwick, Inc . 380 Shepard Drive Elgin, Illinois 60123-7010 Attention: Mr. Robert Lenzini President Re: Construction Materials Testing and Inspection Services Big Timber Road FAU Route Number 1302 Section Number 83-00128-00-WR Kane County, Illinois PSI Number: 042-126 Gentlemen: As per the December 5, 1989 meeting between Mr. Robert Lenzini of Hampton, Lenzini and Renwick, Inc . to Mr. John J. Balun of Professional Service Industries, Inc. , PSI is pleased to submit the following proposal for providing construction materials testing and inspection services for the referenced project . PSI proposes to provide experienced, technical personnel to perform the necessary testing and inspection services in accordance with project specifications . It is also proposed to accomplish the work on a unit price basis in accordance with the attached Schedule of Services and Fees and that the work be performed pursuant to the PSI General Conditions . Copies of the PSI Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal . PSI ' s fees would be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed. PSI can proceed with the work on the basis of verbal authorization; however, please sign and return one ( 1) copy of this proposal intact. When returning the proposal,please complete the attached Project Data Sheet so that your file can be properly established. RECEIVED DEC 7 1989 HL' & R INC, 1403 Timber Drive • Elgin, IL 60123 • Phone:312/931-7110 Professional Service Industries Hampton, Lenzini and Renwick , Inc . December 6 , 1989 Page two of nine PSI performs a complete range of construction materials testing and inspection services . In addition to those listed in the Schedule of Services and Fees , your project can be provided with the following: - Welder qualification observation and testing. - Structural Steel fabrication observation and testing, including nondestructive tests on welds . PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase . Respectf aly submitted, PR ,I N SERVICE INDUSTRIES, INC. n oGr B, unl --\-- ----- Senor Division Manager � G L � f1 Thor L. Moody Elgin Division Manager JJB/TLM: lr Attachments : Estimate of Time & Costs Schedule of Services and Fees Project Data Sheet General Conditions Affirmative Action Statement Certificate Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion AGREED TO THIS DAY OF , 1989 BY : TITLE: FIRM: Professional Service Industries - Hampton, Lenzini and Renwick, Inc . December 6 , 1989 Page four of nine TOTAL CHARGES COMPACTION CONTROL $ 6, 174 . 00 P. C.C. CONCRETE $ 2 ,850 . 00 BITUMINOUS CONCRETE $ 6, 658 . 98 LABORATORY SERVICES $ 870 . 60 ENGINEERING SERVICES $ 1 , 900 . 00 MISCELLANEOUS CHARGES $ 740 . 00 TOTAL COST NOT TO EXCEED: $19, 193 . 58 REMARKS 1 . Personnel rates quoted are based on an 8 hour work day, Monday through Friday with a minimum charge of 3 hours per day . Services performed outside of these hours and on Saturdays , Sundays and holidays will be subject to overtime rates . Rates are based on portal to portal time . 2 . All rates presented in this proposal are applicable to to your projects for the period through December 31 , 1990 , thereafter, all rates quoted in this proposal are subject to escalation on January 1 , 1991 . 3 . Invoices will be submitted once a month for services rendered during the prior month. 4 . Rates quoted above include five ( 5 ) copies of reports distributed and mailed in accordance with your instructions . Additional copies will be billed at a rate of $0 . 25 per sheet . 5 . A certificate of insurance will be supplied upon request . Professional Service Industries Hampton, Lenzini and Renwick, Inc . December 6 , 1989 Page three of nine ESTIMATE OF TIME & COSTS COMPACTION CONTROL Sub-Base 68 Hours Base Course 32 Hours Bituminous Concrete 96 Hours 196 Hours Cost : 196 Hours x $31 . 50/Hour = $6 , 174 . 00 p . C . C . CONCRETE FIELD TESTING Sidewalks , Driveways , Curb & Gutter, and Base Course 100 Hours Cost : 100 Hours x $28 . 50 = $2 , 850 . 00 BITUMINOUS CONCRETE SURFACE, BINDER AND BASE Bituminous Proportioning Plant Inspection - Per Ton 22 , 962 Tons Cost : 22 , 962 Tons x $0 . 29 = $6 , 658 . 98 (Minimum Charge - $120 . 00 Per Day) Where the contractor has the option, and exercises it, to utilize recycled materials in bituminous base course or binder, an added fee will be necessary to cover sampling of the bituminous stockpile and eight to ten extractions to ascertain the composition of the stockpile in accordance with IDOT standard procedures . The work will be done for a lump sum fee . Per Stockpile Evaluation: $ 500 . 00 LABORATORY SERVICES Compressive Strength Testing of Concrete Cylinders : 68 Cylinders Cost : 68 Cylinders x $7 . 95 = $ 540 . 00 Moisture Density Tests ( Standard) : 3 Tests Cost : 3 Tests x $110 . 00 = $ 330 . 00 Total Lab: $ 870 . 60 ENGINEERING SERVICES : Project Engineer 40 Hours Cost : 40 Hours x $47 . 50 = $1 , 900 . 00 MISCELLANEOUS 2 Days - A minimum charge for Asphalt = $ 240 . 00 Recycle Stockpile Sample Testing 1 x $500 . 00 = $ 500 . 00 HaMpton, Lenzini and Renwick , Inc . December 6 , 1989 Page five of nine PROFESSIONAL SERVICE INDUSTRIES, INC. PITTSBURGH TESTING LABORATORY/A & H FLOOD DIVISION SCHEDULE OF SERVICES& FEES•CONSTRUCTION OUALTIY CONTROL EFFECTIVE JANUARY 1,1989 Laboratory Testing Services Compression testing of concrete cylinders in accordance with ASTM procedures- Concrete cylinder delivered to our laboratory. Supplying molds,testing and reporting Each $ 7.95 Pick-up of test cylinders and transportation to laboratory. Within 25 miles radius of laboratory Per Trip $ 30.00 Concrete cylinder test mold,per case of 20 Per Case $ 30.00 Density relationship of soils Each $110.00 ASTM D698 - AASHTO T99(Standard) ASTM D1557 - AASHTO T180(Modified) Each $125.00 ASTM D-2049(Relative Density) Each $130.00 Sample preparation Each $ 20.00 Sieve Analysis ASTM C-136(Unwashed) Each $ 40.00 ASTM C-117(Washed over No.200 Sieve) Additional $ 22.00 Services and fees for laboratory testing not listed will be quoted upon request. Field Testing Services Engineering Technician Services for Field Testing. 1. Concrete testing-batch plant. 2. Concrete testing-site. 3. Field density testing for compaction control. 4. Field density testing asphalt concrete. 5. Witnessing of test procedures by others. Per Hour $ 28.50 Per Hour Overtime $ 42.00 Senior Engineering Technician Services for Field Testing 1. Shallow footing and subgrade inspection. 2. Roofing inspection. 3. Reinforcing steel inspection. Per Hour $ 31.50 Per Hour Overtime $ 47.50 Senior Engineering Technician Services for Asphalt Plant Testing 1. Verity suitability of raw materials. 2. Control proportions and mixing formula. 3. Sample for and perform extraction analysis. 4. Perform density tests of pavement cores. Per Hour $ 31.50 Per Hour Overtime $ 47.50 Senior Engineering technician Services for Steel Testing 1. NDE Level II Inspector 2. Certified Welding Inspector Per Hour $ 34.00 Per Hour Overtime $ 50.00 Equipment charges-Per Hour Pachometer $4.00 Windsor Probe $4.00 Nuclear Density Gauge $5.00 (Probe charge$23.50/set 3) Asbestos Testing Services Field Personnel and Sample Analysis 1. Project Manager,Building Inspector and Air Sampling Professional. Per Hour $ 52.50 Per Hour Overtime $ 79.00 2. Air Filter Analysis and Bulk Sample Analysis Each $ 31.50 3. TEM Analysis Each $475.00 Engineering Services Engineering Services for test evaluation,report preparation,contract administration, job site meetings and consultation. (Typically one-half to one hour per technician day) Principal Engineer Per hour $ 80.00 Project Engineer Per hour $ 65.00 Staff Engineer Per hour $ 47.50 Field Engineer Per hour $ 42.00 Secretarial Services Per hour $ 21.00 Remarks If applicable,a transportation charge of$0.45 per mile and per diem charge of$55.00 will be added. All field testing services are portal to portal our facility with a minimum charge of 4 hours. Overtime rates will apply for services performed outside 7:00 A.M.and 5:00 P.M.Monday through Friday and on Saturdays,Sundays,holidays,and in excess of eight hours per day. Weekly and monthly rates will be quoted upon request. The prices listed above include up to 4 copies of the report distributed and mailed in accordance with your instructions. Additional copies will be billed at the rate of$0.30 per sheet,plus secretarial time. The above rates are applicable for calendar year 1989. HEJL189 • Hampton, Lenzini and Renwick, Inc . December 6 , 1989 Page six of nine PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES 1. Project Name: 2. Project Location: 3. Your Job No.: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: ( ) Copies To: ( ) Copies To: Attn: Attn: 6. Invoicing Address: Attn: 7. Site Contact: Telephone No.: 8. Other Pertinent Information: • PSI B-900-13(1) '. • ' Hampton, Lenzini and Renwick, Inc . December 6 , 1989 Page seven of nine GENERAL CONDITIONS 1.PARTIES AND SCOPE OF WORK:Professional Service Industries,Inc.(hereinafter referred to as"P.S.I.")shall include said company,or its particular division, subsidiary or affiliate performing the work. "Work" means the specific geotechnical, analytical, testing or other service to be performed by P.S.I. as set forth in P.S.I.'s proposal, the clients' acceptance thereof and these General Conditions. "Client" refers to the person or business entity ordering the work to be done by P.S.I. If the client is ordering the work on behalf of another,the client represents and warrants that the client is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, the client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for the clients'intended purpose. Client shall communicate these General Conditions to each and every third party to whom the client transmits any part of P.S.I.'s work. P.S.I. shall have no duty or obligation to any third party greater than that set forth in P.S.I.'s proposal,client's acceptance thereof and these General Conditions. The ordering of work from P.S.I shall constitute acceptance of the terms of P.S.I.'s proposal and these General Conditions. 2.TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by P.S.I. or others to be timely and properly performed in accordance with the plans, specifications and contract documents, and P.S.I.'s recommendations. No claims for loss, damage or injury shall be brought against P.S.I. by client or any third party unless all tests and inspections have been so performed and unless P.S.I.'s recommendations have been followed. rees to indemnify, defend and hold P.S.I., its officers,employees and agents harmless fro all claims, suits, losses, costs and expenses, inc u I . • ited to, court costs and reasonable attorney's fees in a I such tests and inspections are not so performed or P.S.I.'s recommendations are except to the exten re is the result of the negligence, willful or wanton act or omission of P.S.I., its officers, agents or employees. P.S.I. ma' o a roof investigation, perform roof cuts("cuts") as part of the investigation. Client agrees to provide a roof contrac oice to make suc ve samples as directed by P. I. personnel; and to promptly make necessary re air at a roof contractor is not so provided by client, clien .S.I. may and remove such cuts as PSI de in the course of the investigation.Roof cut areas will be temporarily patched by P.S.I.pers agrees to pa materials and labor needed for any and all temporary patches and will hold P.S.I. harmless for any and all dama ems and the building and its.contents which may arise from removal and repairing of roof cuts. 3. SCHEDULING OF WORK: The services set forth in P.S.I.'s proposal and client's acceptance will be accomplished in a timely, workmanlike and professional manner by P.S.I. personnel at the prices quoted. If P.S.I. is required to delay commencement of the work or if, upon embarking upon its work, P.S.I. is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by the client,to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of P.S.I., additional charges will be applicable and payable by client. 4.ACCESS TO SITE:Client will arrange and provide such access to the site as is necessary for P.S.I.to perform the work.P.S.I.shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment; however, P.S.I. has not included in its fee the cost of restoration of damage which may occur. If client desires or requires P.S.I. to restore the site to its former condition,upon written request P.S.I.wilt perform such additional work as is necessary to do so and client agrees to pay to P.S.I.the cost thereof. ADE OBJECTS: Unless P.S.I. has assumed in writing the responsibility of locating subsurface or . -• •• client agrees to indemnify and saveP.S.I. harms- . . : = • - costs and ex•en - '• . • .• - . orneys'fees as a of personal injury,death or property damage occurring with re • ' = - ^- _ - •• ••� • urface or latent con or damage to subsurface • • -- - • - , Ines or conduits where the actual or potential presence and location t ereo •- 6.RESPONSIBILITY:P.S.I.'s work shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. P.S.I. shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. P.S.I.'s work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. 7. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty(60)days after submission of P.S.I.'s report. 8. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30)days of its receipt.The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent per annum(or the maximum interest rate permitted under applicable law,whichever is the lesser)until paid.Client agrees to pay P.S.I.'s cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorney's fees. 9.TERMINATION:This Agreement may be terminated by either party upon seven day's prior written notice. In the event of termination,P.S.I.shall be compensated by client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place P.S.I.'s files in order and/or protect its professional reputation. 10.WARRANTY:P.S.I.'s services will be performed,its findings obtained and its reports prepared in accordance with its proposal,client's acceptance thereof, these General Conditions, and with generally accepted principals and practices. In performing its professional services, P.S.I. will use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession.This warranty is in lieu of all other warranties or representations, either express or implied. Statements made in PSI reports are opinions based upon engineering judgement and are not to be construed as representations of fact. • • ' • • •r•fessional employees be found to have been negligent in the performing of professional services or and breached any express or imp Ie• w- , - - = - -• - ••• - — •� - - • - parties claiming to h pee any way relied upon P.S.I.'s -. - • • • _ : . - .• • -1 aggregate amount o e i.•W•1•• . . =. ••• • -- -•• =•Z',1,„„ it 0 tO 4>Su.000.UU or the total amount o the fee paid to P.S.I.for its work performed with respect to the project whichever amount is greater. , In the event client is unwilling or unable to limit P.S.I.'s liability in accordance with the provisions set forth in this paragraph, client may, upon written request of client received within five days of client's acceptance hereof,increase the limit of P.S.I.'s liability to$500,000.00 or the amount of P.S.I.'s fee whichever is the greater, by agreeing to pay P.S.I. a sum equivalent to an additional amount of 5%of the total fee to be charged for P.S.I.'s services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. . • • • • ce it to the extent specifically addressed in paragraph 10,client agrees to indemnify,defend and hold P.S.I.,its offi eyees agents and independen • . . -• - •• .n and all claims• suits, losses,costs and expenses inns' • o court costs and reasonable attorneys' fees arising or alleging to have arise •• • :::.=••-• ' - . • . n the event that client or client's principal bring any suit,cause of action,claim or counter - .. -- -: - • • e extent that P.S.I.s a • -•-. -=- - - •f action,claim or counter`—' / the party initiatin. =- •.• • •. .1. the costs and expenses incurred by P.S.I.to answer and/or defend suc sui, -• - - -- • - aim, including reasonable attorney's fees,court costs,witness fees and other related expenses. 12. ARBITRATION: Anything contained in any other contract documents notwithstanding, P.S.I. shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of P.S.I.'s work or these General Conditions or any provision wherein P.S.I. waives its rights to a mechanic's lien. PSI B-900-11(3) Hampton, Lenzini and Renwick, Inc. December 6, 1989 Page eight of nine S.O.P. ffF-118 Revision 0 AL)\IINISTRATLVL:OPFICEs Page 1 of 1 SUITE 34 I IMN1 JORIL BM) OAK BROOK.ILLINOIS 60521 TELEPHONE 312 32!•/9 STANDARD OPERATING PROCEDURE May 24, 1985 SUBJECT: Affirmative Action Professional Service Industries, Inc. is committed to taking such affirmative acts, as are necessary to insure compliance with all applicable equal employment opportunity requirements of Municipal, State and Federal Laws. This statement represents management policy. P.S.I. unequivocally prohibits discrimination against any employee or applicant for employment, because of race, color, sex, creed, handicap, age, national origin, or any condition unrelated to skill or competence. P.S.I. will recruit new employees by contacting sources representing the total community, including sources of minority group personnel. This policy also applies to such matters as promotion, upgrading, transfers, termination, rates of pay and other benefits. LL/jh it mpton, Lenzini and Renwick, Inc , December 6 , 1989 Page nine of nine Federal Aid Project M-5293( 9 ) Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction ( 1 ) The Contractor/Material Supplier/Engineer certifies to the best of its knowledge and belief that it and its principals are not presently debarred, suspended, proposed for debar- ment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ( 2 ) Where the Contractor/Material Supplier/Engineer is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this contract/agreement. Date ie. el be 6 , 19 89 By 4 John J._Balun Title , enior ivision Manager Company PROFRSSTONAT. SFRVTCF TNT)TTSTRTFS, TNC Address gpn Roundah nut, Suite F West Dundee. Illinois 60118 Irr , AMENDED MEMORANDUM OF AGREEMENT BIG TIMBER ROAD - RANDALL TO ROUTE 31 BETWEEN CITY OF ELGIN AND COUNTY OF KANE This amended Memora dum of Agreement made and entered into this day of_ �G� F'" , A.D. , 1989 by and between the City-df Elgin, Kane County , Illinois, hereinafter referred to as the "CITY" and Kane County, Illinois, hereinafter referred to as the "COUNTY" . WITNESSETH WHEREAS, the CITY, in order to facilitate the east-west traffic flow on Big Timber Road (County Highway 21 ) from the intersection of Randall Road (County Highway 34) east to the intersection of Illinois Route 31 (State Street ) following generally the existing alignment , wishes to increase the number of through lanes from two to four ; and , WHEREAS, the CITY and COUNTY are desirous of causing said improve- ments to be made in that same will be of immediate benefit to the residents of the CITY and COUNTY and permanent in nature. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: ( 1 ) The CITY agrees to cause the plans, specifications and estimates for such construction to be prepared and shall submit same to the COUNTY and to the Department of Transportation, Division of Highways , State of Illinois for review and approval . (2) The CITY agrees to solicit and receive bids for con- struction of the improvements following approval of the plans and specifications by the COUNTY and the Department of Transportation and upon approval by the COUNTY and the STATE, award the contract , furn- ish engineering inspection during construction, and cause the improvement to be built in accordance with the plans, specifications, and contract . (3) The CITY and COUNTY agree to pass resolutions appropriating sufficient funds from Motor Fuel Tax Funds or other local funds to pay their respective shares of the cost of this improvement and to provide certified copies thereof to each other upon passage . r BIG TIMBER ROAD - RANDALL TO ROUTE 31 BETWEEN CITY OF ELGIN AND COUNTY OF KANE Page 2 The COUNTY shall monthly issue warrants payable to the CITY, for amounts equal to the payments requested on monthly payment esti- mates, supported by necessary documentation, as submitted by the CITY to cover the COUNTY ' S share of the cost for right-of-way , construction and necessary engineering services . Upon completion of the construction and approval by the CO ' Y and STATE , the COUNTY shall issue warrants payable to the I\ Y for the balance of its share of the total project . (4 ) It is mutually agreed that the cost of the improvement shall be borne equally between the CITY and the COUNTY on a 50-50 basis for right of way costs and acquisition, construction and engineering costs and costs incidental thereto , for that portion of the project not funded with Federal Aid Funds. (5) The COUNTY agrees that all maintenance and any future improvements to this segment of highway shall be the responsibility of the COUNTY, unless specifically agreed to by the CITY. (6) This amended agreement and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein is not awarded by January 1 , 1995 . (7) This agreement shall be binding upon and inure to the benefit of the parties hereto , their successors , and assigns. ATTEST: CITY OF LGIN -_ ��- -- — By:-City Cle k i YM-n 9-er --- Elgin, Illinois Elgin, Il inois ATTEST' COUNTY OF KANE By: County Clerk L'hairman, Coun y Board Kane County, Illinois Kane County , Illinois d' l .t