HomeMy WebLinkAbout96-139 Resolution No. 96-139
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH
HAMPTON, LENZINI AND RENWICK, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute
Amendment No. 1 to an Agreement on behalf of the City of Elgin
with Hampton, Lenzini and Renwick, Inc. for the Route 72
access roadway, a copy of which is attached hereto and made a
part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: May 8, 1996
Adopted: May 8, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
e
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: 96-00157-00-FP
Kane County
Engineering Agreement
August 14, 1996
Dolonna Mecum
City Clerk
150 Dexter Ct.
Elgin, IL 60120
Dear Madam:
Amendments number 1 & 2 to the agreement for engineering services between
the City of Elgin and Hampton, Lenzini & Renwick, Consulting Engineers, for
engineering services to be performed in connection with the City's motor fuel
tax construction improvement designated as Section 96-00157-00-FP were
approved by this Department on August 14, 1996. The City's file copies of the
amendments to the agreement are being returned herewith.
If you have any questions please contact Akram Chaudhry at(847) 705-4410.
Very truly yours,
Duane P. Carlson, P.E.
District Engineer
a'11,7 AZ srartd"
By:
Nancy L. Magnus, P.E.
Bureau Chief of Local Roads and Streets
cc: William T. Sunley w/encl.
Hampton, Lenzini and Renwick w/encl.
Joe Evers-City Engineer
James Graziano w/encl.
s:\wp2\814act2.doc
Agreement
Amendment No. 1
i
This Amendment No. 1 entered into this Ad day of May, 1996, by
and between the City of Elgin, an Illinois municipal corporation
(hereinafter referred to as "LOCAL AGENCY" ) and Hampton, Lenzini
and Renwick, Inc . (hereinafter referred to as "ENGINEER" ) , shall
modify that Agreement dated February 6, 1996, whereby the
ENGINEER was engaged by the LOCAL AGENCY to perform certain
professional services in connection with the engineering and
preparation of plans, specifications and estimates for a new
roadway entitled Motorola Access Roadway (hereinafter referred
to as the "Project" ) .
Whereas the LOCAL AGENCY desires to expand the Agreement
Provisions to include the preparation of rights-of-way plats,
plans and legal descriptions for rights-of-way acquisition
(estimated at eight parcels) along Illinois Route 72 .
Whereas the Agreement Provisions included the preparation of
rights-of-way dedication and corresponding plats under paragraph
T .h. of the Agreement and,
Whereas the Agreement Provisions provided for the inclusion of
fees for the preparation of rights-of-way plats by an amendment
to the Agreement under paragraph 10 of the Agreement.
In response to these additional services , certain revisions must
be made to the Agreement. In compliance, therefore, the terms
and conditions of the Agreement are modified as specifically set
out below. All other parts of the Agreement remain in changed.
Paragraph 9 . of the Agreement is hereby amended to be replaced
as follows :
9 . That the upper limit of compensation shall not exceed the
following:
a. For paragraphs la, lg and li $72,505 . 00
b. For paragraph id $ 2 , 720 . 00
c . For paragraph lh $18,500 . 00
All other provisions of the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1
to be executed in quadruplicate counterparts, each of which
shall be considered as an original by their duly authorized
officers .
Executed by the LOCAL AGENCY: The City of Elgin of the State
of Illinois acting by and
ATTEST: through its City Council
By P141, --6 By
City Clerk Mayor
(SEAL)
Executed by the ENGINEER: Hampton, Lenzini and Renwick,
Inc.
380 Shepard Drive
Elgin, Illinois 60123-7010
ATTEST:
•
B171:2)citAtAt...,s, èLLJU BY //CAA 401100
Secretary President
(SEAL)
State of Illinois )
County of Kane ) ss .
City of Elgin
CERTIFICATE OF CITY CLERK
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the
City Clerk of the City of Elgin, in the Counties of Kane and
Cook in the State of 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.
I DO FURTHER CERTIFY that the attached is a full,
true, and correct copy of:
RESOLUTION NO. 96-139
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH
HAMPTON, LENZINI AND RENWICK, INC.
adopted by the Elgin City Council at its legally convened
meeting held on May 8, 1996 .
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 July 29, 1996 .
City Clerk
(SEAL)
Resolution No. 96-139
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH
HAMPTON, LENZINI AND RENWICK, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute
Amendment No. 1 to an Agreement on behalf of the City of Elgin
with Hampton, Lenzini and Renwick, Inc. for the Route 72
access roadway, a copy of which is attached hereto and made a
part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: May 8, 1996
Adopted: May 8, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PRELIMINARY/CONSTRUCTION ENGINEERING SERVICES AGREEMENT
FOR MOTOR FUEL TAX FUNDS
Route: Motorola Access Road
Section: 96-00157-00-FP
Original Contract Value: $75,225.00
Amended Contract Value: $93,725.00
Adjusted Contract Value: $103,510.00
AMENDMENT NO. 2
Whereas, the City of Elgin heretofore entered into a contract dated February 6, 1996, amended
May 13, 1996, with Hampton, Lenzini and Renwick, Inc; and
Whereas, due to changes in the proposed 'road alignment to meet request by owners of
property to be crossed by the road; and
Whereas, the foregoing changes were not anticipated and were not provided for in the original
contract; and
Therefore, it is necessary to expand the upper limit of compensation to be paid under the
contract to cover certain re-survey and re-design services caused by the changes.
Whereas, the adjusted upper limit of compensation will exceed the amended contract value by
not more than $9,785.00; and
Now, therefore, the parties hereto do mutually agree as follows:
Under THE ENGINEER AGREES:
On page 2, under item 1.g., the requirement for providing street lighting plans and
specifications is eliminated.
On page 5, change item 9 to read as follows:
For paragraphs 1.a., 1.g., and 1.i $82,290.00
For paragraph 1.d. 2,720.00
For paragraph 1.h. 18,500.00
Save as to these provisions, all other terms and conditions of said contract are to remain in full
force and effect.
Page 1 of 2
•
Executed this 02 6 day of ,A.D.,
1996, by the City of Elgin, State of Illinois, acting by and thro gh its City Council.
ATTEST:
By By
CIZ-Y—Clerk Mayor
(SEAL)
2..
Executed this day of J v�C_ , A.D.,
1996, by Hampton, Lenzini and Renwick, Inc., 380 Shepard Drive, Elgin, IL 60123, (847) 697-6700.
ATTEST:
BY r—hGl..�st L Pcjj.k1.1 By /�/, e� ` •41____
Secretary President
(SEAL)
Page 2 of 2
•
State of Illinois )
County of Kane ) ss .
City of Elgin
CERTIFICATE OF CITY CLERK
I , Dolonna Mecum, DO HEREBY CERTIFY that I am the
City Clerk of the City of Elgin, in the Counties of Kane and
Cook in the State of 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 .
I DO FURTHER CERTIFY that the attached is a full,
true, and correct copy of:
RESOLUTION NO. 96-228
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN AGREEMENT WITH
HAMPTON, LENZINI AND RENWICK, INC.
adopted by the Elgin City Council at its legally convened
meeting held on July 24 , 1996 .
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 July 29 , 1996 .
City Clerk
• ••,
. -•
(SEAL) . 1.
Jr,
, •
.7 •
Resolution No. 96-228
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AN AGREEMENT WITH
HAMPTON, LENZINI AND RENWICK, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute
Amendment No. 2 to an Agreement on behalf of the City of Elgin
with Hampton, Lenzini and Renwick, Inc. for engineering
services for the Route 72 access roadway, a copy of which is
attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: July 24 , 1996
Adopted: July 24, 1996
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Agreement
Amendment No. 1
This Amendment No. 1 entered into this / day of May, 1996, by
and between the City of Elgin, an Illinois municipal corporation
(hereinafter referred to as "LOCAL AGENCY" ) and Hampton, Lenzini
and Renwick, Inc. (hereinafter referred to as "ENGINEER" ) , shall
modify that Agreement dated February 6 , 1996 , whereby the
ENGINEER was engaged by the LOCAL AGENCY to perform certain
professional services in connection with the engineering and
preparation of plans, specifications and estimates for a new
roadway entitled Motorola Access Roadway (hereinafter referred
to as the "Project" ) .
Whereas the LOCAL AGENCY desires to expand the Agreement
Provisions to include the preparation of rights-of-way plats,
plans and legal descriptions for rights-of-way acquisition
(estimated at eight parcels) along Illinois Route 72 .
Whereas the Agreement Provisions included the preparation of
rights-of-way dedication and corresponding plats under paragraph
I .h. of the Agreement and,
Whereas the Agreement Provisions provided for the inclusion of
fees for the preparation of rights-of-way plats by an amendment
to the Agreement under paragraph 10 of the Agreement.
In response to these additional services, certain revisions must
be made to the Agreement. In compliance, therefore, the terms
and conditions of the Agreement are modified as specifically set
out below. All other parts of the Agreement remain in changed.
Paragraph 9 . of the Agreement is hereby amended to be replaced
as follows :
9 . That the upper limit of compensation shall not exceed the
following:
a. For paragraphs la, lg and li $72,505. 00
b. For paragraph id $ 2 , 720 . 00
c. For paragraph lh $18,500 . 00
All other provisions of the Agreement shall remain in full force
and effect.
-2-
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1
to be executed in quadruplicate counterparts, each of which
shall be considered as an original by their duly authorized
officers .
Executed by the LOCAL AGENCY: The City of Elgin of the State
of Illinois acting by and
ATTEST: through its City Council
PtreBy .0 By X/7
City Clerk Mayor
(SEAL)
Executed by the ENGINEER: Hampton, Lenzini and Renwick,
Inc.
380 Shepard Drive
Elgin, Illinois 60123-7010
ATTEST:
1)1SBy 44arti.." 0 v 1."
ecretary President
(SEAL)
•
n
Agenda Item No.
/
April 17, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Route 72 Access Roadway Amendment No. 1
with Hampton, Lenzini and Renwick, Inc.
PURPOSE
The purpose of the memorandum is to provide the Mayor and
members of the City Council with information to consider
amending an agreement with Hampton, Lenzini .and Renwick, Inc.
(HLR) for the preparation of rights-of-way plats., plans and
legal descriptions for the proposed rights-of-way acquisition
of approximately eight parcels along Illinois Route 72 .
BACKGROUND
On January 24, 1996, the City Council authorized an agreement
with HLR for the preparation of plans, specifications, and
estimates for the Motorola Access Roadway. A copy of the
Council memorandum and agreement is attached as Exhibit A.
The City, County and State (IDOT) reached an understanding
concerning the responsibilities of each party for
improvements to several roadways in support of the Motorola
development. These understandings were recorded in a letter
dated November 22, 1995 from Transportation Secretary Kirk
Brown. A copy of this letter is attached as Exhibit B. The
original agreement with HLR was in response to the City's
obligations under the paragraph headed "CITY OF ELGIN PUBLIC
STREET SYSTEM" on page 2 of the November 22, 1995 letter.
A disagreement with IDOT arose concerning the responsible
party for the acquisition and procurement for required
rights-of-way related to the improvements to Illinois Route
72. A discussion of this dispute is contained in a memorandum
dated March 21, 1996 from James L. Kristiansen, a copy of
which is attached as Exhibit C.
.
Motorola Access Roadway Amendment No. 1
April 17, 1996
Page 2
After discussions with Secretary Brown's office, it appears
that IDOT is willing to reimburse the City for the
acquisition of the required rights-of-way, if the City is
willing to undertake acquisition responsibilities. The City's
understanding to date is contained in a memorandum dated
April 9, 1996, a copy of which is attached as Exhibit D.
HLR is under contract with Kane County for the preparation of
plans, specifications and estimates for the improvements to
Illinois Route 72 . The City has contracted with HLR for the
preparation of plans, specifications and estimates for the
construction of the Motorola Access Roadway. The City's
agreement is in the IDOT format appropriate for Motor Fuel
Tax (MFT) funding, as IDOT's reimbursement to the City will
be from MFT sources. The City has elected to amend the Route
72 Access Roadway Agreement as it is anticipated IDOT will
reimburse the City for the property acquisition from MFT
sources .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The City has budgeted $1 .9 million for the purchase of
rights -of-way ($950,000) and construction ($950,000) of the
Motorola Access Roadway from the 1996 bond issue under
Account 396-1000-795. 93-80, Project No. 339554 .
Amendment No. 1 in the not-to-exceed amount of $18,500 will
bring the total agreement to the not-to-exceed amount of
$93,725.00. A copy of the Amendment No. 1 is attached as
Exhibit E.
After this project is bid and awarded, this agreement with
HLR will be further amended to add construction-related
engineering and inspection services.
LEGAL IMPACT
None.
ALTERNATIVES
The following two alternatives may be considered in lieu of
entering into this amendment No. 1 with HLR.
1. No Action: The City would appear, from Secretary Brown's
letter dated November 22, 1996, to have . no obligation or
responsibility for the acquisition of rights-of-way along
Illinois Route 72. The City could refuse to participate in
the acquisition effort.
Motorola Access Roadway Amendment No. 1
April 17, 1996
Page 3
a. Advantages: By not assuming responsibility for
property acquisition, considerable City staff time
will be saved. Additionally, depending upon the final
form of the reimbursement agreement with IDOT, the
City might be exposed to a portion of the acquisition
• costs .
b. Disadvantages: The effectiveness of implementing the
various improvements related to the Motorola
development requires a partnership between the
several governments involved. By not participating in
this compromise, the City might jeopardize that
relationship.
2 . An Alternate Engineer: Kane County is currently
engineering the Illinois Route 72 improvements utilizing
HLR. The City could engage the services of an alternate
firm to obtain property plats and acquisition agreements
through a competitive selection process.
a. Advantages: None.
b. Disadvantages: HLR has already defined the
acquisition limits and conducted the, field surveys
/�► necessary for the preparation of property plats . This
work would need to be partially duplicated by an
alternate engineer at additional costs .
RECOMMENDATION
It is recommended that the Mayor be authorized to execute the
Amendment No. 1, with HLR, in the additional not-to-exceed
amount of $18,500. 00, bringing the total agreement amount to
$93,725.00.
•espectfully su
i
. corfatt.)a/
James L. Kristiansen
Public Works Director
Richard B. Helwig �1
City Manager
JLK/do
Attachments
r
EXHIBIT A
Motorola Access Roadway
Agreement dated February 6, 1996
19 ' •
Ol fAgenda Item No.
(c '-
January 19, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Motorola Access Roadway
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider the
entering into an agreement with Hampton, Lenzini and Renwick,
Inc. (HLR) , for the preparation of plans, specifications and
estimates for the construction of an accessroadway from
/�► Illinois Route 72 to the proposed Motorola site.
( BACKGROUND
Under an agreement forthcoming between the Illinois
Department of Transportation (IDOT) and the City of Elgin,
IDOT and the City will share on a 50/50 basis the cost of
engineering and constructing an access roadway from Illinois
Route 72, a distance of approximately 1.25 miles to the
northern property line of the proposed Motorola site. The
City will also be the responsible party to cause the
engineering and construction to be accomplished. A site map
of the roadway alignment is attached as Exhibit A. In
addition, the development agreement between Motorola and the
City of Elgin should be forthcoming in February.
We have been informed by IDOT that their funding source will
be from Motor Fuel Tax (MFT) revenues, and all engineering
and construction must meet MFT standards. Consequently, the
proposed agreement with HLR utilizes the standard MFT
engineering services agreement format in lieu of the standard
City of Elgin engineering services agreement.
A deadline for the completion of the Motorola access roadway
has been established as of September 30, 1996. In order to
/r► meet this deadline, engineering should be initiated by
February 1, 1996 . A construction contract award by mid-May
is anticipated.
Due to the requirement to initiate engineering by February 1,
1996, insufficient time was available to solicit competitive
Mayor and Members of
the City Council
January 19, 1996
Page 2
proposals for engineering services . HLR was selected due to •
••veral factors : 1) HLR is a local Elgin firm, 2) HLR has a
proven record of performance with the City, 3) HLR is also
the engineer for Kane County on Randall Road north of the
1-90 Tollway to Illinois Route 72, and 4 ) HLR is the engineer
for IDOT on improvements to Illinois Route 72 necessitated by
the Motorola development.
The engineering services agreement is on a cost not-to-exceed
$75,225.00. The City's estimate for engineering services,
provided to IDOT originally, was $105,000. A copy of the
agreement is attached as Exhibit B.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
Funding for this agreement expenditure willbe made from
excess 1995 River Boat Revenues ($13 .2 million v. $13. 9
million) Ind will be charged under Account 275-0000-791 .93-80
(Public Ways) Project 339554 . Funding of the construction of
the Motorola Access Roadway and rights-of-way acquisition
will be handled by the proposed $1.4 million_ bond issue
scheduled for March 27, 1996 .
LEGAL IMPACT
This item meets the Procurement Ordinance.
RECOMMENDATION
It is recommended that the Mayor be authorized to execute the
agreement with HLR in the not-to-e ceed amount of $75,225.
R-spectfull u fitted,
James L. Kris iansen
Public Works Director
•
Richard B. Helwig
City Manager
JLK/do
Attachments
EXHIBIT A
Motorola Access Roadway
Site Map
r
MOTOROLA ACCESS
(.6k ROAD LOCATION MAP.
2622' t
RT. 72 !,
�,
(L.II I1 �
1 �
iii
PROPOSED
ACCESS ROAD
(4T1
� LOCAT ION
' � I
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a
tek
EXHIBIT B
MFT Agreement for Engineering Services
r
- -
r 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: 96-00157-00-FP
Kane County •
Engineering Agreement
February 26, 1996
Dolonna Mecum _. �.-'
City Clerk _ '
f � ,, .
150 Dexter Ct. - 0 ,, , , t
IE
Elgin, IL 60120
Dear Madam: c i-'y r'
ENGiNEERiN �.
The agreement for engineering services dated February 6, 1996 between the City
of Elgin and Hampton, Lenzini and Renwick, Consulting Engineers, for
engineering services to be.performed in connection with the City's motor fuel
tax construction improvement designated as Section 96-00157-00-FP was
approved by this Department on February 26, 1996. The City's file copy of the
agreement is being returned herewith.
•
If you have any questions please contact Akram Chaudhry at (847) 705-4410.
Very truly yours,
Duane P. Carlson,P.E.
District Engineer
By:
1(4744(a
Nancy L. Ma us, iti
P.E. •
Bureau Chief of Local Roads and Streets
cc: William T. Sunley w/encl.
Hampton,Lenzini and Renwick w/encl.
James Kristiansen-Dir. of Public Works w/enc1.„
s:1wp2'2.26act1.doc
•
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i\r l J r
PRELIMINARY/CONSTRUCTION ENGINEERING SERVICES AGREEMENT
FOR MOTOR FUEL TAX FUNDS
LOCAL AGENCY CONSULTANT
Municipality: Elgin Name: Hampton, Lenzini and Renwick, Inc.
Township: Address: 380 Shepard Drive
County: Kane City: Elgin
Section: %-00/57-00 —Fp State: Illinois 60123-7010
THIS AGREEMENT is made and entered into this CO h _ day of
t' , 1996 between the above Local Agency (LA) and
Consultant (ENGINEER) an covers certain professional engineering services in connection with
the improvement of the abo e 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 "DEPARTMENT," will be used entirely or in part to finance engineering services as
described under AGREEMENT PROVISIONS.
SECTION DESCRIPTION
Name Motorola Access Road
Route New Length 1.25 Miles (Structure No. -- )
Termini: From II, Route 72 south 0.5 mile; thence west 0.25 mile; thence south 0.5 mile.
Description: New rural-section roadway including ditch drainage, street lighting, and other
appurtenant construction.
Note: Four copies to be submitted to the District Engineer
62041motorola.arr -1-
. .
AGREEMENT PROVISIONS
THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the following checked engineering
services for the LA in connection with the proposed improvement hereinbefore described:
a. (X ) Make such detailed surveys as are necessary for the preparation of detailed
roadway plans.
b. ( ) Make stream and flood plain hydraulic surveys and gather high water data and
flood histories for the preparation of detailed bridge plans.
c. ( ) Make or cause to be made such soil surveys or subsurface investigations
including borings, and soil profiles and analyses thereof as may be required to
furnish sufficient.data for the design of the proposed improvement. Such
investigations are to be made in accordance with the current requirements of
the DEPARTMENT.
d. (X) Make or cause to be made such traffic studies and counts, and special
intersection studies as may be required to furnish sufficient data for the design
of the proposed improvement.
e. ( ) Prepare Army Corps of Engineers Permit, Division of Water Resources
Permit, bridge waterway sketch and/or channel change sketch, utility plan and
locations and railroad crossing work agreements.
f. ( ) Prepare Preliminary Bridge Design and Hydraulic Report (including economic
analysis of bridge or culvert types) and high water effects on roadway
overflows and bridge approaches.
g. (X) Make complete general and detailed plans, special provisions, proposals and
estimates of cost and furnish the LA with five (5) copies of the plans, special
provisions, proposals and estimates. Additional copies of any or all
documents, if required, shall be furnished to the LA by the ENGINEER at his
actual cost for reproduction.
h. (X) Furnish the LA with survey and drafts in quadruplicate of all necessary right-
of-way dedications, construction easements and borrow pit and channel change
agreements including prints of the corresponding plats and staking as required.
62041motc(o4.arr -2-
i. (X) Assist the LA in the receipt and evaluation of proposals and the awarding of the
construction contract.
j. (X) Furnish or cause to be furnished:
(1) 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
DEPARTMENT and promptly submit reports on forms prepared by
said Bureau.
(2) Proportioning and testing of bituminous mixtures (including extracting
test) in accordance with the "Manual of Instructions for Bituminous
Proportioning and Testing" issued by the Bureau of Materials and
• Physical Research of the DEPARTMENT and promptly submit reports
on forms prepared by said Bureau.
(3) All compaction tests as required by the specifications and report
promptly the same on forms prepared by the Bureau of Materials and
Physical Research.
(4) Quality and sieve analyses on local aggregates to see that they comply
with the specifications contained in the contract.
(5) Inspection of all materials when inspection is not proVided at the
sources by the Bureau of Materials and Physical Research of the
DEPARTMENT and submit inspection reports to the LA and the
DEPARTMENT in accordance with the policies of the said
DEPARTMENT.
k. (X) Furnish or cause to be furnished:
(1) Construction observers and other technical personnel to perform the
following work: (The number of such observers and other technical
personnel required shall be subject to the approval of the LA.)
(a) Continuous observation of the work and Contractor's
operations for compliance with the plans and specifications as
construction proceeds, but the ENGINEER does not guarantee
the performance of the contract by the Contractor.
(b) Establishment and setting of lines and grades.
62041axxorola.agr -3-
I .
•F
(c) 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.
(d) Supervision of construction observers, proportioning engineers
and other technical personnel and the taking and submitting of
• material samples.
(e) Revise contract plans to provide record drawings of the
improvement for permanent record.
(f) Preparation and submission to the LA in the required form
and number of copies, all partial and final payment estimates,
change orders, records and reports required by the LA and the
DEPARTMENT.
2. That all reports, plans, plats and special provisions to be furnished by the ENGINEER
pursuant to this AGREEMENT will be in accordance with the current standard specifications
and policies of the DEPARTMENT, it being understood that all such reports, plats, plans
and drafts shall before being finally accepted, be subject to approval by the LA and the said
DEPARTMENT.
3. To attend conferences at any reasonable time when required to do so by the LA or
representatives of the DEPARTMENT.
4. In the event plans, surveys or construction staling are found to be in error during the
construction of the SECTION and revisions of the plans or survey or construction staking
corrections are necessary, the ENGINEER agrees that he will perform such work without
expense to the LA, even though final payment has been received by him. He shall give
immediate attention to these changes so there will be a minimum delay to the Contractor.
5. The basic survey notes and sketches, charts, computations and other data prepared or
obtained by the ENGINEER pursuant to this AGREEMENT will be made available upon
request to the LA or the DEPARTMENT without cost and without restriction or limitations
as to their use.
6. To make such changes in working plans, including all necessary preliminary surveys and
investigations, as may be required after the award of the construction contract and during
the construction of the improvement.
62041mowrola.ar 4-
•
7. That all plans and other documents furnished by the ENGINEER pursuant to the
AGREEMENT will be endorsed by him and will show his professional seal where such is
required by law.
8. To submit, upon request by the LA or the DEPARTMENT a list of the personnel and the
equipment he/she proposes to use in fulfilling the requirements of this AGREEMENT.
9. That the upper limit of compensation shall not exceed the following:
For paragraphs la, lg, and li. . . $72,505.00
For paragraph ld $2,720.00
10. That the fees for paragraphs lh, lj, and 1k will be negotiated at a later date after the final
scope of work for those items has been determined. At such time, addenda to this agreement
will be prepared to cover the negotiated fee or fees.
THE LA AGREES,
r. 1. To pay for all services stipulated under THE ENGINEER AGREES at the hourly rates set
forth below for personnel assigned to this SECTION as payment in full to the ENGINEER
for the actual time spent in providing these services, the hourly rates to include profit,
overhead, madness to serve, insurance, social security and retirement deductions.
Travelling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his
actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the
services provided under paragraphs lb, lc, ld, le, lf, lj and lk of THE ENGINEER
AGREES. If the ENGINEER sublets all ora part of this work, the LA will pay the cost to
the ENGINEER plus a 5% service charge. "Cost to ENGINEER" to be verified by
furnishing the LA and the DEPARTMENT copies of invoices from the party doing the
work. The clacsifications of the employees used in the work should be consistent with the
employee classifications for the services performed. 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.
Grade Classification (9501)
of Employee Hourly Rate
Senior Engineer $83.65
Engineer 5 77.40
Engineer 4 68.00
Engineer 3 63.85
62041motoco1a.agr —5—
Grade Classification
of Employee Hourly Rate
Engineer 2 56.30
Engineer 1 53.45
Engineer in Training 42.75
Senior Technician 65.55
Technician 6 56.85
Technician 5 52.30
Technician 4 47.05
Technician 3 40.90
Technician 2 33.90
Technician 1 29.95
Technician in Training 23.50
Clerical 2 44.20
Clerical 1 28.95
Accountant 40.60
The hourly rates itemized above shall be effective the date the parties hereunto entering this
AGREEMENT have affixed their hands and seals and shall remain in effect until June 30,
r'` 1996. In the event services of the ENGINEER extend beyond June 30, 1996, the hourly
rates will be adjusted yearly by addendum to this AGREEMENT to compensate for increases
or decreases in the salary structure of the ENGINEER that are in effect at that time.
To pay for computer-aided drafting time required at the rate of$20.00 per hour of computer
use.
2. That payments due the ENGINEER for services rendered pursuant to this AGREEMENT
will be made as soon as practicable after the services have been performed, in accordance
with the following schedule.
a. Upon completion of detailed plans, special provisions, proposals and estimate of
cost—being the services required by paragraphs la through lg under THE
ENGINEER AGREES to the satisfaction of the LA and their approval by the
DEPARTMENT, 100 percent of the total fee due for these services.
b. Upon award of the contract for the improvement by the LA and its approval by the
DEPARTMENT, 100 percent of the total fee (excluding any fees for paragraphs
lj and 1k of THE ENGINEER AGREES), based on paragraph 1 above, less any
previous payment.
c. Upon completion of the construction of the improvement,90 percent of the fee due
for services stipulated in paragraphs lj and 1k.
62041maada.agr -6-
. .
•
. .
d. Upon completion of all final reports required by the LA and the DEPARTMENT
and acceptance of the improvement by the DEPARTMENT, 100 percent of the
total fees due under this AGREEMENT, less any amounts previously paid.
Partial payments not to exceed 90 percent of the amount earned shall be made from time to
time as the work progresses.
3. That, should the improvement be abandoned at any time after the ENGINEER has
performed any part of the services provided for in paragraphs la and lg, and prior to the
completion of such services, the LA shall reimburse the ENGINEER for payroll costs
incurred up to the time he is notified in writing of the abandonment at the hourly rates set
forth in paragraph 1 above. Travelling and other out-of-pocket expenses will be reimbursed
to the ENGINEER at his actual cost.
4. That should the LA require changes in any of the detailed plans, specifications or estimates
(except for those required pursuant to paragraph 4 of THE ENGINEER AGREES) after they
have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such
changes at the hourly rates set forth in paragraph 1 above. It is understood that "changes"
as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to
prepare a complete and adequate set of plans and that the cost of such changes shall be
considered as an addition to any not-to-exceed cost.
5. To furnish a Resident Engineer to be in responsible charge of general supervision of
construction.
6. That the Contractor shall be required to indemnify and hold harmless both the LA and the
ENGINEER from worker injury claims by including the following provision in the
construction contract:
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
LA, ENGINEER, ENGINEER'S SUBCONSULTANTS and their respective agents and
employees (Indemnitees) from and against any and all claims, damages, losses, economic
losses and expenses, including but not limited to attorney's fees, arising out of or resulting
from performance of the work, provided that such claim, loss or expense is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the work itself), including loss of use resulting therefrom, but only to the extent
caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for whose acts they may be liable,
excluding any proportionate amount of any claim, damage, loss or expense which is caused
by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge
or reduce other rights or obligations of indemnity which would otherwise exist as to a party
or person described in this paragraph.
6204 a.,gr -7-
•
In claims against any person or entity indemnified under this paragraph by an employee of
the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone
for whose acts they may be liable, the indemnification obligation under this paragraph shall
not be limited by a limitation on the amount or type of damages, compensation or benefits
payable by or for the Contractor or a Subcontractor under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
7. That.the LA shall require the Contractor to name both the LA and the ENGINEER as
additional insureds on the Contractor's general liability policy by including the following
provision in the construction contract:
The Contractor will obtain and maintain Commercial General Liability Insurance with broad
form Property Damage coverage and contractual liability endorsement insuring the indemnity
required of the Contractor. The LA and ENGINEER will be named as additional insureds
on the Contractor's Commercial General Liability insurance policy. The additional insured
endorsement included on the Contractor's Commercial General Liability policy will provide
the following:
a. That the coverage afforded the additional insureds will be primary insurance for
the additional insureds with respect to claims arising out of operations performed
by or on behalf of the Contractor;
egbk
b. T.iat if the additional insureds have other insurance which is applicable to the loss,
such other insurance will be on an excess or contingent basis;
• c. That the amount of the company's liability under the insurance policy will not be
reduced by the existence of such other insurance; and
d. That the additional insureds will be given not less than 30 days prior written notice
of any cancellation thereof.
IT IS MUTUALLY AGREED,
1. That any difference 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 decision shall be final.
6204 imo orals.*gr -8-
2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the
ENGINEER at his last known post office address. Upon such termination, the ENGINEER
shall cause to be delivered to the LA all drawings, specifications, partial and completed
estimates and data, if any, from traffic studies and soil survey and subsurface investigations
with the understanding that all such material becomes the property of the LA. The
ENGINEER shall be paid for any services completed and any services partially completed
in accordance with paragraph 3 of THE LA AGREES.
3. That the ENGINEER warrants that he/she has not employed or retained any company or
person other than a bona fide employee working solely for the ENGINEER to solicit or
secure this contract and that he/she has not paid or agreed to pay any company or person
other than a bona fide employee working solely for the ENGINEER any fee, commission,
percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from
the award or making of this contract. For breach or violation of this warranty, the LA shall
have the right to annul this contract without liability.
4. That the ENGINEER has not been retained or compensated to provide design and
construction review services relating to the Contractor's safety precautions or to means,
methods, techniques or procedures the Contractor elects to use to complete his work.
Omitted services include, but are not limited to, shoring, scaffolding, underpinning,
temporary retainment or excavations and any erection methods and temporary bracing.
5. That nothing contained in this AGREEMENT shall create a contractual relationship with or
a cause of action in favor of a third party against either the LA or the ENGINEER. The
ENGINEER's services under this AGREEMENT are being performed_solely for the LA's
benefit, and no other entity shall have any claim against the ENGINEER because of this
AGREEMENT or the performance or nonperformance of services hereunder. The LA
agrees to include a provision in all contracts with contractors and other entities involved in
this SECTION to cavy out the intent of this paragraph.
62041mototolai=r -9-
. • •
• .
rik IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in
quadruplicate counterparts, each of which shall be considered as an original by their duly
authorized officers.
Executed by the LA: The City of Elgin of the State of Illinois,
acting by and through its City Council
ATTEST:
By 11c,i.f) By
City Clerk Mayor
(SEAL)
Executed by the ENGINEER: Hampton, Lenzini and Renwick, 1pc.
380 Shepard Drive
Elgin, Illinois 60123-7010
ATTEST:
Byt_i_c_ct.a, k.t.11,5 By /
Secretary President
(SEAL)
62041motorola.arr
HAMPTON, LENZINI AND RENWICK, INC.
SPECIAL PROVISION FOR EMPLOYMENT PRACTICES
In addition to all other labor requirements set forth in this proposal and in the "Standard
Specifications for Road and Bridge Construction" adopted by the Illinois Department of
Transportation, during the performance of this contract, Hampton, Lenzini and Renwick, Inc.,
its assignees and successors in interest (hereinafter referred to as the "Engineer") agrees as
follows:
I. SELECTION OF LABOR
The Engineer shall comply with all Illinois statutes pertaining to the selection of labor.
U. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Engineer agrees as follows:
A. That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, ancestry, age, marital
status, physical or mental handicap or unfavorable discharge from military
service, and further that it will examine all job classifications to determine if
minority persons or women are underutilized and will take appropriate
affirmative action to rectify any such underutilization.
B. That, if it hires additional employees in order to perform this contract or any
portion hereof, it will determine the availability of minorities and women in the
area(s) from which it may reasonably recruit and it will hire for each job
classification for which employees are hired in such a way that minorities and
• women are not underutilized.
C. That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, national origin, ancestry,
age, marital status, physical or mental handicap or unfavorable discharge from
military service.
D. That it will send to each labor organization or representative of workers with
which it has or is bound by a collective bargaining or other agreement or
understanding, a notice advising such labor organization or representative of
the Engineer's obligations under the Illinois Human Rights Act and the
Department's Rules and Regulations. If any such labor organization or
representative fails or refuses to cooperate with the Engineer in its efforts to
comply with such Act and Rules and Regulations, the Engineer will promptly
so notify the Illinois Department of Human Rights and the contracting agency
and will recruit employees from other sources when necessary to fulfill its
obligations thereunder.
•. • . •
•
E. That it will submit reports as required by the Department of Human Rights,
Rules and Regulations, furnish all relevant information as may from time to
time be requested by the Department or the contracting agency, and in all
respects comply with the Illinois Human Rights Act and the Department's
Rules and Regulations.
F. That it will permit access to all relevant books, records, accounts and work sites
by personnel of the contracting agency and the Illinois Department of Human
Rights for purposes of investigation to ascertain compliance with the Illinois
Human Rights Act and the Department's Rules and Regulations.
G. That it will include verbatim or by reference the provisions of this clause in
every subcontract so that such provisions will be binding upon every such
subconsultant. In the same manner as with other provisions of this contract,
the Engineer will be liable for compliance with applicable provisions of this
clause by all its subconsultants; and further it will promptly notify the
contracting agency and the Illinois Department of Human Rights in the event
any subconsultant fails or refuses to comply therewith. In addition, the
Engineer will not utilin any subconsultant declared by the Illinois Human
. Rights Commission to be ineligible for contracts or subcontracts with the State
of Illinois or any of its political subdivisions or municipal corporations.
•
STATE OF ILLINOIS
DRUG-FREE WORKPLACE CERTIFICATION
( This certification is required by the Drng-Free Workplace Act(IL Rev.Stat.,eh 137,par.LS2.311). The Drug-Free Workplace Act,effective January 1,
1992,requires that no grantee or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any
property or services from the State unless that grantee or contractor has certified to the State that the grantee or contractor will provide a drug-free workplace.
False certi&catim or violation of the certification may result in sanctions including,but not limited to,suspension of contract or grant payments,termination
of the contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but oat more than five years.
For the purpose of this certification,'gra'or"contractor'means a corporation,partnership or other entity with twenty-five(25)or more employees
at the time arisen' the grant,or a department,division or other unit thereof,directly respoadble for the specific performance under a contract or grant of
$5,000 or more from the State.
1. Puhlishing a statement:
a. Notifying employees that the unlawful mwzuf cture,distribution,dispensing,possession or use of a controlled substance,including
cannabis,is prohibited in the grantee's or contractor's workplace.
b. Specifying the actions that will be taken against employees for violations of such prohaition.
c. Notifying the employee that,as a condition of employment on such contract or grand,the employee will:
(1) abide by the terms of the statement;and
Q) notify the employer deny criminal drug stati4e conviction for a violation occurring in the workplace no later than five
(5)days after such conviction.
2. Estabx--g a drug-free awareness program to inform employees about:
a. the dangers of drug abuse in the workplace;
b. the grantee's or contractor's policy of rn•Jntmantng a drug-free workplace;
•
c. any available drug counseling,rehabilitation and employee stsidnoce programs;and
d. the penalties that may be imposed upon an employee for drug violations.
3. Providing a copy of the statement required by subparagraph 1 to each employee engaged in the performance of the contract or grant and
to pod the statement in a prominent place is the workplace.
4. Notifying the contracting or granting agency within ten(10)days after receiving notice ander pert(2)of paragraph c of subsection 1 above
from an employee or otherwise receiving actual notice of such conviction.
5. Imposing a sanction on,or requiring the satidaactory participation in a drug abuse aseistanre or rehabilitation program by any employee who
is so convicted,as required by Section S of the Drug-Free Workplace Act.
6. Assisting employee in selecting a coarse of action in the event drug counseling,treatment and rehabilitation is required and indicating that
a trained referral team is in place.
7. Making a good faith effort to continue to main' a drug free workplace through implementation of the Drog-Free Workplace Act.
THE UNDERSIGNED AFFIRMS,UNDER PENALTIES OF PERJURY,THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION
ON BEHALF OF THE DESIGNATED ORGANIZATION.
Jiamoton.Leann and Renwick.Inc.
Printed Name of Organization
Requisition/Contract/Grant
/
ID Number
Segnatare of Authorized R ' - - •ve
Richard L.Hampton.President /
Printed Name and Tete Date
•
. .
. . • .
HAMPTON,LENZINI AND RENWICK,INC.
•
MOTOROLA SITE ACCESS ROAD
ELGIN, ILLINOIS
MANHOUR REQUIREMENTS BY TASK CODE
Task Code Description Manhours
1. SBM Bench Mark Circuit 24
2. SCL Center Line Control 36
3. STP Topographic Survey 96
4. SPC State Plane Coordinates 16
5. CA Survey Calculations 24
6. SDT Survey Data Transfer 2
7. DAG Data Gathering 18
8. PLT Plot Existing Topo 70
9. PLX Plot Existing Cross Sections - 41
10. DLR
Roadway Design 66
Drainage Design
11. DLU
52
12. DLX Cross-Section Design 14
13. DLL Street Lighting Design 100
14. DLM Miscellaneous Design -- 14
15. DP Plan Drafting 82
16. DX Cross Section Drafting 42
17. DU Underground Drafting 33
18. DSL Street Lighting Drafting 32
19. DM Miscellaneous Drafting 25
20. QT Quantity Takeoff 44
. 21. ES Estimate of Cost 13
22. SP Specifications 70
23. OR Office Review 33
24. PAT Printing 19
25. C Consultation 32
26. PA Project Administration 48
27. T Typing 41
28. RE Review Revisions 86
TOTAL HOUR REQUIREMENTS 1,173
State of Illinois)
County of Kane ) ss.
City of Elgin )
CERTIFICATE OF CITY C'T.FRK
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the
City Clerk of the City of Elgin, in the Counties of Kane and
Cook in the State of 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.
I DO FURTHER CERTIFY that the attached is a full,
true, and correct copy of Resolution No. 96-15, Resolution
Authorizing Execution of an Agreement with Hampton, Lenzini
and Renwick, Inc. , adopted by the Elgin City Council on
January 24, 1996, 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 February 5, 1996.
emk
Pa47-kt-
cr*tfer}
rt
{SEAL)
Resolution No. 96-15
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HAMPTON, LENZINI AND RENWICK, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute a
Preliminary/Construction Engineering Services Agreement for
Motor Fuel Tax Funds on behalf of the City of Elgin with
Hampton, Lenzini and Renwick, Inc. for engineering services
for the Motorola access roadway, a copy of which is attached
hereto and made a part hereof by reference.
s/ John Walters
John Walters, Mayor Pro Tem
Presented: January 24, 1996
Adopted: January 24, 1996
Vote: Yeas 5 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
f •
EXHIBIT B
Motorola Development
Letter dated November 22, 1995
from
Transportation Secretary Kirk Brown
r
esik
IP
IIP
Illinois Department of Transportation
/P
Office of the Secretary '-/'d0
'
2300 South Dirksen Parkway/Springfield. Illinois/62764
Telephone 217/782-5597 .. — —
November 22, 1995
•
ea( Pi
Honorable Kevin Kelly Hit/ ,r 5
Mayor, City of Elgin •
,.Q f ��
150 Dexter Court r
Elgin, IL 60120 .' 0 S if
Mr. Nabi R. Fakroddin
i#): #7
Director of Transportation f /' ti /71
Kane County Division of Transportation
41W011 Burlington Road
St. Charles, IL €0175
Mr. Robert L Growney .
Executive Vice President, Motorola Inc.
/� President and General Manager,
( Messaging, Infcrmation and Media Sector •
1301 E. Algonquin Road
Schaumburg, IL 60196
Gentlemen:
I am aware of the proposed development of the Motorola Messaging,
Information and Media Sector(MIMS) campus facility at the northwest
quadrant of the interchange of the 1-90 Tollway with Randall Road (CH 34).
This economic development project will result in a minimum investment of
$40 million in capital improvements and will lead to the direct creation of a
minimum 1000 new jobs. I also understand that both the city of Elgin and
Kane County Department of Transportation have requested assistance from
the department's Economic Development Program in providing roadway
improvements to ensure adequate access to this development. Pursuant to
evaluating these requests, I herein make the following commitments of the
department to this project.
Randall Road at its intersection with Saddleclub Parkway
Improvements will be required at this intersection which will serve the primary
r. entrance to the MIMS facility. The county had already commenced
engineering and land acquisition for an improvement on Randall Road prior to
the MIMS proposal. Their engineers estimate that provision of an additional
. •
Messrs Kelly, Fakroddin and Growney
November 22, 1995
Page Two
left turn lane (i.e., from single to dual left) for northbound turns into the facility
will cost an additional $290,000 for engineering and construction. Because
this additional work is occasioned by the MIMS project, it is eligible for
participation from our economic development program. We understand that
necessary rights of way will be obtained by the county as part of the
improvements on Randall Road in this area programmed before the MIMS
proposal was advanced.
The department will directly commit 50 percent of the cost of the incremental
improvements occasioned by the MIMS project at Saddleclub Parkway up to
a maximum amount of$145,000. If the county can identify other project
elements that are related directly to the MIMS project that have already been
incorporated into engineerinj, right of way acquisition, and other pre-
construction activities, the department will consider these amounts as in-kind
local contribution up to the 50 percent local share of$145000. Thus, our
total expenditure for improvements at this location will not exceed $290,000.
City of Elgin Public Street System
The development of the MIMS facility will likely cause additional development
along Randall Road between 1-90 and Illinois Route 72 (IL 72). To
complement the planned investment in Randall Road and to provide
alternative access to the MIMS project, the city of Elgin has requested
assistance in the construction of a new public street which would intersect
with IL 72 approximately one-half mile west of its intersection with Randall
Road and continue southerly for a distance of approximately 6,700 feet. The
proposed cross section of this road calls for two lanes, gravel shoulders,
swale drainage and street lights. The cost including 15 percent engineering,
construction and contingencies is estimated by city engineers to be
$1.9 million dollars. All rights of way will be procured and donated to the
project by the city of Elgin.
The department is prepared to commit 50 percent of the cost of this project
up to a maximum of$950,000.
Additional Intersection Work at Randall Road and IL 72
• West of the intersection, IL 72 has a two-lane cross section. The placement
of left turn lanes at the intersection with Randall Road requires a three-lane
cross section. This cross section must be carried through the intersection of
the proposed new public street with IL 72 and some distance west to
transition back to the existing two-lane cross section. Our engineers, working
IP
- Messrs. Kelly, Fakroddin and Growney
November 22, 1995
Page Three
the county's consultants, have estimated the construction cost of this
additional work at $400,000. The intersection will be so designed as to
- accommodate the eventual placement of traffic signals without reconstruction
when traffic volumes warrant installation. We estimate the signals to cost
$100,000. Additionally, design and construction engineering is estimated at
15 percent of these costs for an amount of$75,000.
Because this intersection work will occur primarily on the state system, the
department is willing to commit 100 percent of the cost up to a maximum of
$575,000.
The department's total contribution for this project will not exceed
$1.9 million. This commitment is contingent on Motorola developing the
proposed.MIMS site to a level substantially similar to the size of investment
and job creation specified above. Each part of this commitment is applicable
to the enumerated projects only. If any of the projects can be accomplished
for less than the stated maximum amount we will not consider the remainder
available for application to other projects or as yet unspecified ancillary work
without separate review and concurrence.
The department's Economic Development Program is structured as a
reimbursement program. We are willing to cooperate with local governments
to expedite prompt turnaround of vouchers and help ensure that contractors
are paid on a timely basis without leading to local cash flow problems.
Participation by the department in engineering and construction of projects on
local systems does not imply any responsibility by the department to
participate in the continuing maintenance of these roads in the future.
We are pleased to be able to assist you in bringing this important economic
development project to northeastern Illinois.
cc's to Sincerely,
Ralph Wehner /f://4° .
Jim Slifer . •
Yuskus Kirk Brown •
•
McCree
Duane Carlson Secretary
Ken Macander
Martha Schiebel
Matt Davidson
Ferd
Craig Findley
EXHIBIT C
Motorola Development
Memorandum dated March 21, 1996
from
James L. Kristiansen
Regarding
Illinois Route 72: property acquisit.Lon disagreement
March 21, 1996
MEMORANDUM
TO: Richard Helwig, City 'Manager I
V
FROM: James L. Kristiansen, Public Works Director
•
SUBJECT: Higgins Rd. (Rt. 72) Improvements
Motorola Development
On March 14, 1996, City staff along with our engineer, Hampton,
Lenzini and Renwick (HLR) met with representatives of IDOT and
Kane County ostensibly to coordinate the intersection of our
Motorola Access Rd. with Higgins (Rt. 72) Rd. IDOT will be
reconstructing Higgins Rd. from Randall Rd. to about 500 feet
west of the new Motorola Access Rd. intersection.
The primary focus of the meeting, however, turned out to be the
issue of acquiring additional right-of-way along Higgins Rd.
needed to accomplish the Higgins roadway improvement option
desired by IDOT. An additional strip of right-of- way on the
south side of Higgins Rd. of about 28 feet deep by 1,600 feet
long will be needed. IDOT have indicated to us that it is the
City of Elgin's responsibility to acquire and pay for this
additional right-of-way and to then donate it to the State.
IDOT references Secretary of Transportation Kirk Brown's letter
dated November 22, 1995 in support of their position. Under
paragraph headed Additional Intersection Work at Randall Rd. and
IL 72, IDOT noted that although the Secretary committed the
State to 100 percent of the cost of improvements to Rt. 72, a
commitment cap of $575,000 was stated. Additionally, no mention
was made of the State's obligation to acquire rights-of-way.
Consequently, IDOT have concluded that it is the City of Elgin's
responsibility to acquire the additional right-of-way, and also
to reimburse the State all costs in excess of the $575,000 cap,
should final costs for the improvements exceed the cap.
My interpretation of Secretary Brown's letter differs from IDOT
as follows:
1. The $575,000' cap commits IDOT to a certain level of
improvement. Should costs exceed the cap, IDOT must reduce
the scope of improvement in order to remain within their cap
amount. Secretary Brown's letter committed the State to 100
percent of the costs to improve Higgins Rd. (Rt. 72) with no
mention of the City being required to pay for any costs over
the $575,000 cap.
-2-
2. The County's engineer (again HLR) provided three improvement
alignment options to IDOT for review. Two of these
alignments did not require additional rights-of-way. IDOT
have selected the one option requiring additional
rights-of-way. If IDOT have interpreted Secretary Brown's
letter to mean that rights-of-way acquisition are not part
of construction obligation of IDOT, then IDOT must select
one of the other two improvement options that does not
require the acquisition of addition rights-of-way.
IDOT have yet to submit to us a draft of the intergovernmental
agreement for the cost sharing of the Motorola Access Roadway.
They have indicated that the procurement of the additional
right-of-way on Higgins Rd. will be a component of the
intergovernmental agreement.
I do not believe that additional discussions with IDOT would be
beneficial or successful, and would recommend that Secretary
Browns office be contacted to clarify the intent of his November
22, 1995 letter.
Should we wish to proceed with the acquisition of the additional
right-of-way, seven properties along Higgins Rd. will be
impacted. Based upon our agreement with HLR, the cost of
right-of-way plats would be about $18,000 . We will need to amend
embh HLR's agreement for the rights-of-way plat preparation. I do not
know the value of property for an estimate of acquisition costs,
but about one acre of land is involved.
JLK:do
Attachment
cc: Robert Malm
Ray Moller
Gary Miller
Joe Evers
Dave Lawry
f
IP
' TIllinois Department of Transportation
Office of the Secretary %.
2300 South Dirksen Parkway/Springfield, Illinois/62764 •
Telephone 217/782-5697 _ — —
November 22, 1995
Afil /
Honorable Kevin Kelly ///11I
/ t 4% r
Mayor, City of Elgin fl.f' /�150 Dexter Court � �'/
S s
Elgin, IL 60120 - /I-
Kt
r
Mr. Nabi R. Fakroddin
�� ti'7
Director of Transportation P'
71
Kane County Division of Transportation
41W011 Burlington Road. .
St. Charles, IL 60175 •
Mr. Robert L Growney
Executive Vice President, Motorola Inc. •
President and General Manager, -
Messaging, Information and Media Sector •
1301 E. Algonquin Road
Schaumburg, IL 60196
Gentlemen:
I am aware of the proposed development of the Motorola Messaging,
Information and Media Sector(MIMS) campus facility at the northwest
quadrant of the interchange of the 1-90 Tollway with Randall Road (CH 34).
This economic development project will result in a minimum investment of
$40 million in capital improvements and will lead to the direct creation of a
minimum 1000 new jobs. I also understand that both the city of Elgin and
Kane County Department of Transportation have requested assistance from
the department's Economic Development Program in providing roadway
improvements to ensure adequate access to this development. Pursuant to
evaluating these requests, I herein make the following commitments of the
department to this project
Randall Road at its intersection with Saddleclub Parkway
•
Improvements will be required at this intersection which will serve the primary
eh' entrance to the MIMS facility. The county had already commenced
engineering and land acquisition for an improvement on Randall Road prior to
•the MIMS proposal. Their engineers estimate that provision of an additional
•
Messrs Kelly, Fakroddin and Growney
November 22, 1995
Page Two
left turn lane (i.e., from single to dual left) for northbound turns into the facility
will cost an additional $290,000 for engineering and construction. Because
this additional work is occasioned by the MIMS project, it is eligible for
participation from our economic development program. We understand that
necessary rights of way will be obtained by the county as part of the
improvements on Randall Road in this area programmed before the MIMS •
proposal was advanced.
The department will directly commit 50 percent of the cost of the incremental
improvements occasioned by the MIMS project at Saddleclub Parkway up to
a maximum amount of$145,000. If the county can identify other project
•elements that•are related directly to the MIMS project that havealreadybeen
incorporated into engineering, right of way acquisition, and other pre-
construction activities, the department will consider these amounts as in-kind
local contribution up to the 50 percent local share of$145,000. Thus, our
• total expenditure for improvements at this location will not exceed $290,000.
rik
City of Elgin Public Street System
•
The development of the MIMS facility will likely cause additional development
along Randall Road between 1-90 and Illinois Route 72 (IL 72).°To
complement the planned investment in Randall Road and to provide
alternative access to the MIMS project, the city of Elgin has requested
assistance in the construction of a new public street which would intersect
with IL 72 approximately one-half mile west of its intersection with Randall
Road and continue southerly for a distance of approximately 6,700 feet. The
proposed cross section of this road calls for two lanes, gravel shoulders,
swale drainage and street lights. The cost including 15 percent engineering,
construction and contingencies is estimated by city engineers to be
$1.9 million dollars. All rights of way will be procured and donated to the
project by the city of Elgin.
The department is prepared to commit 50 percent of the cost of this project
up to a maximum of$950,000.
Additional Intersection Work at Randall Road and IL 72
• West of the intersection, IL 72 has a two-lane cross section. The placement
t • of left turn lanes at the intersection with Randall Road requires a three-lane
cross section. This cross section must be carried through the intersection of
the proposed new public street with IL 72 and some distance west to
transition back to the existing two-lane cross section. Our engineers, working
•Or .
•
., Messrs. Kelly, Fakroddin and Growney
November 22, 1995
Page Three
the county's consultants, have estimated the construction cost of this
additional work at $400,000. The intersection will be so designed as to
accommodate the eventual placement of traffic signals without reconstruction
when traffic volumes warrant installation. We estimate the signals to cost
$100,000. Additionally, design and construction engineering is estimated at
15 percent of these costs for an amount of$75,000.
Because this intersection work will occur primarily on the state system, the
department is willing to commit 100 percent of the cost up to a maximum of
$575,000.
The department's total contribution for this project will not exceed
$1.9 million. This commitment is contingent on Motorola developing tha
proposed MIMS"site to a level substantially similar to the size of investment
and job creation specified above. Each part of this commitment is applicable
to the enumerated projects only. If any of the projects can be accomplished
�•► for less than the stated maximum amount, we will not consider the remainder
available for application to other projects or as yet unspecified ancillary work
without separate review and concurrence.
The department's Economic Development Program is structured as a
reimbursement program. We are willing to cooperate with local governments
to expedite prompt turnaround of vouchers and help ensure that contractors
are paid on a timely basis without leading to local cash flow problems.
Participation by the department in engineering and construction of projects on
local systems does not imply any responsibility by the department to
participate in the continuing maintenance of these roads in the future.
•
We are pleased to be able to assist you in bringing this important economic
development project to northeastern Illinois.
cc's to Sincerely,
Ralph Wehner -
Jim Slifer . •
Yuskus
Kirk Brown
McCrae
Duane Carlson Secretary
Ken Macander
Martha Schiebel
Matt Davidson
Ferd
Craig Findley
EXHIBIT D
Motorola Development
Memorandum dated April 9, 1996
from
James L. Kristiansen
Regarding
Illinois Route 72: tentative settlement
April 9, 1996
MEMORANDUM
TO: Richard Helwig, City Manager11
FROM: James L. Kristiansen, Public Works Directo .
SUBJECT: Higgins Rd. (IL Rt. 72) Improvements
Motorola Development
Please reference my March 21, 1996 memorandum, same subject.
After discussions with Dennis Pescitelli of IDOT, the deal
appears to be the following:
1. The City will prepare acquisition plats, agreements and
appraisals for the additional rights-of-way along Rt. 72
required. The actual number of parcels and the limits of
acquisition will be determined by IDOT.
2. IDOT will reimburse the City for the costs of acquisition.
At this time I am unclear as to whether IDOT will reimburse
us all costs, or whether a reimbursement limit will be
established. I believe a $150,000 cap might be established.
3. IDOT will review both the appraisals and acquisition
agreements prior to their execution.
4 . Should acquisition reach an impasse with any property owner,
IDOT would take over the acquisition process and utilize
their quick take authority.
If you have any concerns or changes to the above, please let me
know. IDOT are still in the process of preparing the
intergovernmental agreement.
JLK:do
cc: Robert Malm
Ray Moller
Gary Miller
Joe Evers
Dave Lawry
r
______________
rk.
EXHIBIT E
Amendment No. 1
to
Agreement dated February 6, 1996
with
Hampton, Lenzini and Renwick, Inc.
rik
em-