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HomeMy WebLinkAbout26-26 Resolution No. 26-26 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH UPLAND DESIGN, LTD. FOR PROFESSIONAL SERVICES IN CONNECTION WITH PARK IMPROVEMENTS AT CHANNING PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Upland Design, Ltd., for professional services in connection with park improvements at Channing Park, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 25, 2026 Adopted: February 25, 2026 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 25 day of February , 2026, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Upland Design, Ltd., an Illinois corporation (hereinafter referred to as"LANDSCAPE ARCHITECT"). WHEREAS, the CITY desires to engage the LANDSCAPE ARCHITECT to furnish certain professional services in connection with park improvements at Channing Park (hereinafter referred to as the"PROJECTS"); and WHEREAS, the LANDSCAPE ARCHITECT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE,it is hereby agreed by and between the CITY and the LANDSCAPE ARCHITECT that the CITY does hereby retain the LANDSCAPE ARCHITECT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein,subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Parks Planner of the CITY,herein after referred to as the"PLANNER". B. The scope of work shall include design development to prepare final design and construction documents for the City's preferred design alternative. LANDSCAPE ARCHITECT's services to be performed will include architectural design, and construction bidding coordination. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule and project schedule for the PROJECT is included as Attachment B,attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in 2.B below. B. The LANDSCAPE ARCHITECT will submit to the PLANNER monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCT All work product prepared by the LANDSCAPE ARCHITECT pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the PLANNER; provided, however, that the LANDSCAPE ARCHITECT may retain copies of such work product for its records. LANDSCAPE ARCHITECT's execution of this Agreement shall constitute LANDSCAPE ARCHITECT's conveyance and assignment of all right,title and interest,including but not limited to any copyright interest, by the LANDSCAPE ARCHITECT to the CITY of all such work product prepared by the LANDSCAPE ARCHITECT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the LANDSCAPE ARCHITECT. 4. PAYMENTS TO THE CONSULTANT (Lump Sum Method) A. The City shall reimburse the LANDSCAPE ARCHITECT for services under this Agreement a lump sum of One-Hundred and Eighty-Nine Thousand, One Hundred and Seven Dollars($189,107.00),regardless of the actual costs incurred by the LANDSCAPE ARCHITECT unless substantial modifications to the scope of the work are authorized in writing by the PLANNER, and approved by way of written amendment to this Agreement executed by the parties. B. For outside services provided by other firms or subcontractors,the CITY shall pay the LANDSCAPE ARCHITECT the invoiced fee to the LANDSCAPE ARCHITECT. The costs for any such outside services are included within the total lump sum amount provided for in paragraph 4.A above. C. Reimbursable expenses shall include postage, printing of drawings, and mileage reimbursement. The costs of any such reimbursable expenses are not included within the total lump sum amount provided for in paragraph 4.A above and shall be invoiced separately by the LANDSCAPE ARCHITECT at LANDSCAPE ARCHITECT's direct cost. Mileage reimbursement will be at current IRS rates. The total costs of any such reimbursable expenses shall not exceed the total amount of $1000.00, regardless of the actual costs incurred by the LANDSCAPE ARCHITECT. D. The CITY shall make periodic payments to the LANDSCAPE ARCHITECT based upon actual progress within thirty (30) days after receipt and approval of invoice. Said periodic payments to the LANDSCAPE ARCHITECT shall not exceed the amounts shown in the following schedule,and full payments for each task shall not be made until the task is completed and accepted by the PLANNER. -2 - DATE PROJECT COMPONENT FEE April 2026 Soil Borings $5,636.50 November 2027 Landscape Architecture Work $183,470.50 5. INVOICES A. The LANDSCAPE ARCHITECT shall submit invoices in a format approved by the CITY. Progress reports(2.B above)will be included with all payment requests. B. The LANDSCAPE ARCHITECT shall maintain records showing actual time devoted and cost incurred. The LANDSCAPE ARCHITECT shall permit the authorized representative of the CITY to inspect and audit all data and records of the LANDSCAPE ARCHITECT for work done under this Agreement. The LANDSCAPE ARCHITECT shall make these records available at reasonable times during the Agreement period and for one (1) year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the LANDSCAPE ARCHITECT. In the event that this Agreement is so terminated, the LANDSCAPE ARCHITECT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination,except that reimbursement shall not exceed the task amounts set forth under paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the LANDSCAPE ARCHITECT is given a notice to proceed and,unless terminated for cause or pursuant to Paragraph 6,shall be deemed concluded on the date the CITY determines that all of the LANDSCAPE ARCHITECT's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. 8. NOTICE OF CLAIM If the LANDSCAPE ARCHITECT wishes to make a claim for additional compensation as a result of action taken by the CITY, the LANDSCAPE ARCHITECT shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the LANDSCAPE ARCHITECT's fee shall be valid only to the extent that such changes are included in -3 - writing signed by the CITY and the LANDSCAPE ARCHITECT. Regardless of the decision of the PLANNER relative to a claim submitted by the LANDSCAPE ARCHITECT, all work required under this Agreement as determined by the PLANNER shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative,contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the LANDSCAPE ARCHITECT pursuant to Paragraph 4 hereof, no action shall be commenced by the LANDSCAPE ARCHITECT against the CITY for monetary damages. LANDSCAPE ARCHITECT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to,the Local Government Prompt Payment Act (50 ILCS 501/1,et seq.),as amended,or the Illinois Interest Act(815 ILCS 205/1,et seq.), as amended. The parties hereto further agree that any action by the LANDSCAPE ARCHITECT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION The LANDSCAPE ARCHITECT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CITY, its past, present and future Commissioners, officials, department heads, and employees, (hereinafter collectively referred to as "Indemnitees")from and against all liability,judgments,or other liabilities including costs, reasonable fees and expenses of defense recoverable under applicable law incurred by Indemnitees to a third party arising from any loss,damage, injury,death,or loss or damage to property, of whatsoever kind or nature to such third party, to the extent caused by LANDSCAPE ARCHITECT's negligent acts, errors or omissions in the performance of the services under this Agreement and those of its agents,employees or consultants.In the event of joint or concurrent negligence, LANDSCAPE ARCHITECT shall bear only that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence(including that of the third parties and Indemnitees)which caused the personal injury or damage. Nothing stated herein shall be deemed to require the LANDSCAPE ARCHITECT to indemnify or hold harmless any Indemnitee for its own negligence or fault.Indemnitees do not waive their defenses or immunities under the Local Government and Governmental Employees Tort Immunity Act(745 ILCS 10/1 et seq.)by reason of this indemnification provision.The provisions of this paragraph shall survive any expiration, completion, and/or termination of this Agreement. -4- 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution,approval or attempted execution of this Agreement. 12. INSURANCE LANDSCAPE ARCHITECT shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The LANDSCAPE ARCHITECT shall deliver to the PLANNER a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the PLANNER. The Certificate of Insurance shall include the contractual obligation assumed by the LANDSCAPE ARCHITECT under Paragraph 10 entitled"Indemnification". This insurance shall be primary and non-contributory to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for bodily injury and/or property damage. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The LANDSCAPE ARCHITECT shall carry LANDSCAPE ARCHITECT's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than$1,000,000 per claim.A Certificate of Insurance shall be submitted to the PLANNER as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the PLANNER. - 5 - 13. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The LANDSCAPE ARCHITECT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION/AFFIRMATIVE ACTION The LANDSCAPE ARCHITECT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. LANDSCAPE ARCHITECT shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. LANDSCAPE ARCHITECT shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. LANDSCAPE ARCHITECT agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of race, color,religion, sex, national origin,age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension, in whole or in part,of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto;provided,however,that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the LANDSCAPE ARCHITECT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the LANDSCAPE ARCHITECT would have been obligated if it -6- had done the work itself and no assignment,delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agree that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The LANDSCAPE ARCHITECT may not issue any news releases without prior approval from the PLANNER, nor will the LANDSCAPE ARCHITECT make public proposals developed under this Agreement without prior written approval from the PLANNER prior to said documentation becoming matters of public record. - 7- 23. COOPERATION WITH OTHER CONSULTANTS The LANDSCAPE ARCHITECT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The LANDSCAPE ARCHITECT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract,the LANDSCAPE ARCHITECT shall have written sexual harassment policies that include,at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law: C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights. and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by LANDSCAPE ARCHITECT to the Department of Human Rights upon request(775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement,LANDSCAPE ARCHITECT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. -8- 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the LANDSCAPE ARCHITECT to the PLANNER and to other participants which may affect cost or time of completion,shall be made or confirmed in writing. The PLANNER may also require other recommendations and communications by the LANDSCAPE ARCHITECT be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to the CITY: John Whalen Parks Planner City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Upland Design Ltd. 24042 Lockport St., Suite 200 Plainfield, IL 60544 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement that the LANDSCAPE ARCHITECT shall comply with all applicable federal,state,city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, LANDSCAPE ARCHITECT hereby certifies, represents and warrants to the CITY that all LANDSCAPE ARCHITECT's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. LANDSCAPE ARCHITECT shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the LANDSCAPE ARCHITECT to determine LANDSCAPE ARCHITECT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the LANDSCAPE ARCHITECT shall make available to the CITY the LANDSCAPE ARCHITECT's -9- relevant records at no cost to the CITY. LANDSCAPE ARCHITECT shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine,email,or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. C1'1Y . 13� : o Richard (i. Kozal. ('it) Manager Att t: hat(A Ci Clerk LANDSCAPE ARCHITECT: By: Upland Desi Ltd Name/Print: Michelle A. Kell;y Title: President - 10- ATTACHMENT A SCOPE OF SERVICES Background: Channing Park is located at 35 Rugby Place in the City of Elgin, Illinois. A public planning process was held in 2025 to update the park with new features based on community input and needs. An Illinois Department of Natural Resources Open Space Land Acquisition and Development (OSLAD) Grant was then submitted for improvements to the park. The proposed improvements include the following: • Playground with accessible turf surfacing • 24' x 24' Shelter • Accessible Game Area • Tennis Court renovation • Futsal Court installation • Soccer Field improvements • Rain Garden&Educational Signage • Site Furniture • Landscape Improvements • Potential additional park amenities and landscape features Project Scope: Upland Design Ltd., along with civil engineering assistance by Engineering Resource Associates (ERA), propose to accomplish the following work items to assist the City with development of construction documents, permitting, bidding, and construction administration.An approximate timeline is included in Attachment B,and actual dates will be set to accommodate City of Elgin needs and grant requirements. The project is to be implemented through public bidding and construction by a contractor. Base Information and Soil Borings: A topographic survey was completed in 2025 and will be used as a base for project planning. Soil borings are needed, and those will be completed by Pioneer Engineering and Environmental Services, LLC, at tennis courts,the futsal court and the shelter location. Upon award of grant, IDNR will notify the City if archeological survey work is required.Upland will hire this surveyor if needed. Hamlin(' Kick-off Meeting: Upland will meet with City staff to review existing conditions and confirm the concept plan.The city will provide any additional feedback on any changes to the design,and the design team will make updates and provide an updated rendered master plan. The topographic survey prepared as part of the OSLAD grant submittal will be the base plan for the design development and construction documents. (1 meeting-virtual) j)esign Development Design Development: Upland will create a site amenity chart using the choices from the OSLAD grant.The plans will include detailed layout of amenities along with color,finishes,and materials. Upland will prepare the site amenity chart,colors and material options.An updated cost estimate will be prepared. During design development, site drainage and rain garden sizing will begin. ERA will assist Upland in the design of the drainage and rain garden portion of the overall site improvements by providing calculations and input on the location and sizing of the rain garden along with drainage plans. Based on the new imperious area, it is assumed that detention will not be required. Review Meeting: The design development plans, color images and finish options will be reviewed with City staff along with updated project costs. The City will provide input, and we will discuss any adjustments prior to moving into construction document preparation. After the meeting, Upland will provide the City an updated rendered plan for the project including one clean site plan version, and another version with labels and call-outs. Upland will also provide updated images of the playground equipment with accurate colors and materials. (1 meeting - virtual) Construction Documents Based on the approved design development plans, Upland will prepare a set of construction plans, specifications and bid proposal for public bidding to one general contractor. Construction documents will address the following: • Existing Conditions and Removals • Layout • Grading along with BMP/Drainage • Soil Erosion Control • Landscape Plantings& Restoration • Construction Details • General and Technical Specifications • Bid Proposal Form The specifications will cover each area of construction. A virtual meeting at 50%completion and an in-person meeting at 90%completion will take place with City Staff. An updated construction cost estimate will be updated and provided for each meeting. (2 meetings — one in-person and one virtually) Permitting Permit submittals will be prepared for the following: • City of Elgin Building Permit • Kane County Stormwater Permit • State of Illinois IEPA NOl Permit Upland Design will be responsible for submitting a permit application for this project to The City of Elgin Community Development Department and providing revisions. One meeting with City Staff may be held virtually to discuss comments provided by City Staff. (1 meeting- virtual) ERA will prepare the Kane County stormwater permit application for this project for submittal to the City of Elgin. The stormwater permit application will consist of the standard form and associated impervious area and BMP calculations along with a basic project narrative.No wetland, floodplain, floodway or detention permitting is anticipated, or included. Based upon the comments received from the City of Elgin, the design team will assist with preparing a revised set of plans along with a comment response letter addressing the comments received. Payment of permit fees or review fees charged by the reviewing agency is the responsibility of the applicant and is not included. Bidding The bid documents will be distributed through the City digitally for distribution from the City website. Upland will contact contractors with an invitation to bid. The City will place the legal ad in a local paper and perform any other procedure as required by local purchasing policies and IDNR Grant requirements. Upland will be available to answer questions during bidding. A letter summarizing bidding will be written, and if necessary, references will be contacted. (1 bid opening) Construction Contract: The City will be responsible for contract preparation for bid winner. Construction Observation Upon award of a contract, Upland Design and our design team will make up to twenty-one (21) site visits during construction and assist with construction administration. City staff will make additional site visits during construction.Assistance from Upland will include: • Review and assist with contractor field orders,change orders and clarifications • Twenty-one(21)Construction Observation Site Visits • Contractor submittals and pay applications will be reviewed by Upland Design Ltd prior to forwarding to the City. • At project completion,a walk through with City staff to develop a punch list will be completed. • Review and comment on contractor provided closeout documents including warranties, manuals, and as-built drawings • Certified Payroll will not be reviewed or retained by Upland Design Ltd. The Firm shall have the authority to act on behalf of the Owner only to the extent provided in this Agreement. The Firm shall not have control over, charge of, or responsibility for construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the construction work, nor shall the Firm be responsible for the Contractor's failure to perform the construction work in accordance with the requirements of the Contract Documents. Professional Service Fees I:(ar the work described herein the following lump sum fee will be paid to Upland Design Ltd. and sub consultants: Pioneer Engineering & Environmental Services, LLC, and Engineering Resource Associates, civil engineers. Soil Boring: $ 5,636.50 Design Development: $ 15,782.00 Construction Documents: $ 82,494.00 Permitting: $ 7,174.00 Bidding: $ 2,152.50 Construction Observation: $ 35,868.00 Allowance: $ 40,000.00 Total: $ 189,107.00 Reimbursable Costs:Reimbursable items will include plotting and print of drawings at the direct cost to Upland Design Ltd.and mileage and toll reimbursement at the current IRS reimbursement rate. Permit fees will be paid by the City of Elgin. Upland Design will assist the City of Elgin with OSLAD grant reporting as requested and will be billed at our hourly rate from the allowance. Additional site visits can be requested for a lump sum cost of$960 per visit(including site visit report). Excluded Services: Scope of services set forth in Attachment A are included. Excluded services include but are not limited the following: Hydrologic/hydraulic modeling the tloodplain/floodway,wetland mitigation,archeological services,structural engineering,electrical engineering,environmental testing,subsurface conditions and material testing,boundary survey, construction layout, construction scheduling, construction work, work-site safety, labor negotiations,permit fees or court appearances as part of these services. Hazardous Materials: The scope of the Firm's services do not include any responsibility for detection,remediation,accidental release,or services relating to waste,oil,asbestos,lead or other hazardous materials,as defined by Federal, State and local laws or regulations. ATTACHMENT B PROJECT SCHEDULE Description Start Date Estimated Completion Date Soil Borings March 2026 April 2026 Design Development May 2026 June 2026 Construction Documents June 2026 September 2026 & Permitting Bidding November 2026 November 2026 Construction April 2027 November 2027