96-213 Resolution No. 96-213
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
RUST ENVIRONMENTAL & INFRASTRUCTURE INC. FOR THE
KIMBALL STREET IMPROVEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute an agreement on behalf of the City of Elgin with
Rust Environmental and Infrastructures, Inc . for the Kimball
Street improvement project, a copy of which is attached hereto
and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: July 10, 1996
Adopted: July 10, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
EWJn
�J Agenda Item No.
June 20, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Agreement with Rust Environmental and Infrastructure
for Kimball Street Improvements
PURPOSE
The purpose of the memorandum is to provide the Mayor and
members of the City Council with information to consider
entering into an agreement with Rust Environmental and
Infrastructures, Inc. (RUST) to complete the engineering
design on the Kimball Street improvement project in the
feb- not-to-exceed amount of $153,536 . 56 .
BACKGROUND
The initial engineering on the Kimball Street project was
contracted with Johnson, Johnson and Roy, Inc. (JJR) as a
component of their Civic-Cultural District Streetscape
agreement. After the Kimball Street improvement concept
design was completed and approved by City Council, JJR
subcontracted the final engineering and preparation of bid
documents to RUST.
Subsequent to the completion of the Kimball Street
engineering in 1994, certain additions and changes were made
to the scope of the project. Rust is currently working on the
construction plans and specifications to improve the
intersection of Kimball Street and IL Route 31 . The
intersection improvements include widening a portion of the
bridge. To incorporate the intersection improvements into the
Kimball Street Improvement project, the entire bridge must be
widened. The additional design associated with the widening
is included with the subject agreement.
The difficulties associated with two construction projects,
Kimball Street/IL Route 31 intersection and the Kimball
Street improvements proceeding concurrently have made it
desirable to combine both projects into a single project. Two
contracts with possibly two different contractors can create
scheduling conflicts, traffic control conflicts and
additional inconveniences to those who utilize the Kimball
Street east/west corridor. Also included with this additional
design is the building demolition and site clearing of the
Agreement with Rust Environmental
June 20, 1996
Page 2
properties either acquired or to be acquired to provide
additional right-of-way along the south side of Kimball
Street.
The additional engineering is included in the 1996 Budget
under two accounts in the amount of $125, 000 and $550, 000 . An
agreement has been prepared for the additional engineering
services and is attached as Exhibit A. The subject agreement
also includes services and fees associated with construction
observation services . These fees are, however, not included
in this agreement but will be added by amendment when a
construction contract is brought before City Council .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
Additional engineering costs, as detailed in Exhibit A, are
in a not-to-exceed amount of $153,536 . 56 . These costs will be
charged to Account #396-1000-795 . 93-80, Project #339553, and
Account # 396-1000-795 .93-80, Project #395006 , in the amount
Of $125,000. 00 and $28,536 .86 , respectively ( 1996 G.O. Bond
Project Fund) . A copy of the fee breakdown is included in
Exhibit A.
LEGAL IMPACT
None.
ALTERNATIVES
None.
RECOMMENDATION
Council award the subjthe
It is recommended that the City to execute the
ent to Rust Environment direct d staffastructure in
agreem and i
amount of $153 ,536 .56
necessary contracts . tad,
R spectfully S j
/W/j&i,/
James L. Kristiansen
Public Works Director
Richard B. Helwig
City Manager
nT /AC)
AGREEMENT
THIS AGREEMENT, is made and entered into this /144 day of Atne;1996, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as"CITY")
and Rust Environment& Infrastructure Inc. (hereinafter referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with improvements to Kimball Street between the Fox River and Dundee
Avenue(hereinafter referred to as the"PROJECT").
AND
WHEREAS, the ENGINEER represents that he 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, in consideration of the mutual promises and covenants contained
herein,the sufficiency of which is hereby acknowledged it is hereby agreed by and between the CITY
and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in
all engineering matters involved in the PROJECT, subject to the following terms and conditions and
stipulations, to-wit:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of Public
Works of the CITY, hereinafter referred to as the"DIRECTOR."
B. In general the ENGINEER'S work shall include but may not be limited to the
following major categories of engineering activities:
DESIGN SERVICES
• Gather existing topographic information
• Perform geotechnical investigations
• Prepare estimates of probable construction cost
• Preparation of final plans and specifications for bridge widening and street
reconstruction
BIDDING SERVICES
• Prepare bid documents and final quantities
• Prepare actual estimate of probable cost
• Review final plans and specifications with City Staff
• Assist City with bidding
• Review bid results and provide recommendations to the City
•
CONSTRUCTION SERVICES
• Assist City with preparation of contracts for award
• Schedule and coordinate preconstruction meeting
• Review contractors work schedule
• Conduct weekly meetings
• Review construction documentation including payment requests and shop
drawings
• Provide a final inspection of completed work
• Prepare record drawings
• Provide full time construction observation with documentation while contractor
is present on the job site
C. A detailed Scope of Services is attached hereto as Attachment A.
II. PROGRESS REPORTS
A. An outline project milestone schedule is provided herein under:
• Notice to Proceed : 06/24/96
• Complete Design Services : 11/15/96
• Advertise for Bid : 12/06/96
• Open Bids : 01/14/97
• Recommendation for Award : 02/04/97
• Begin Construction : 02/17/97
• Complete Construction : 12/05/97
B. The Engineer will submit to the Director monthly a Status Report keyed to the
Project Schedule. A brief narrative will be provided identifying progress, findings and
outstanding issues.
III. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including, but not limited
to, reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY ands shall be delivered to the CITY
upon request of the DIRECTOR provided, however, that the ENGINEER may retain
copies of such work products for its records. Such work products are not intended or
represented to be suitable for reuse by the CITY on any extension to the PROJECT or on
any other project, and such reuse shall be at the sole risk of the CITY without liability or
legal exposure to the ENGINEER.
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IV. PAYMENTS TO THE ENGINEER
A. For services provided the ENGINEER shall be reimbursed at the rate of 2.5933 times
the direct hourly rate of personnel employed on this PROJECT, with the total fee,
inclusive of in-house direct costs and profit not to exceed one hundred fifty three
thousand five hundred thirty six and 56/100 ($153,536.56) dollars regardless of the
actual costs incurred by the ENGINEER unless substantial modifications to the scope
of work are authorized by CITY through a change order or amendment.
B. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice.
C. A detailed hourly analysis and fee breakdown is attached hereto as Attachment B1.
Attachment B2 is the fee breakdown for Construction Related Services. Thes fees are
not included with this agreement but will be added by amendment at a later date.
V. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (IIB above)will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof the CITY may terminate this Agreement at any
time upon fifteen(15) days prior written notice to the ENGINEER. In the event that this
Agreement is so terminated, the ENGINEER shall be paid for services actually performed
and reimbursable expenses actually incurred prior to termination, except that reimbursement
shall not exceed the task amounts set forth under Paragraph IV above.
VII. TERM
This Agreement shall become effective as of the date the ENGINEER is given a written
Notice to Proceed following approval of CITY's corporate authorities and, unless
terminated for cause or pursuant to Article VI foregoing, shall expire on the date the
DIRECTOR determines that all of the ENGINEER's work under this Agreement is
completed. A determination of completion shall not constitute a waiver of any rights or
claims which the CITY may have or thereafter acquire with respect to any breach hereof
by the ENGINEER.
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VIII. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of action
taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days
after occurrence of such action. No claim for additional compensation shall be valid unless
so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER. Regardless of
the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR shall proceed without
interruption.
IX. 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.
X. INDEMNIFICATION
The ENGINEER shall indemnify and save harmless the CITY, its officers and employees
form and against any and all loss, liability and damages of whatever nature, including but
not limited to Workmen's Compensation claims, in any way resulting from or arising out
of negligent actions or omissions of the ENGINEER in connection herewith, including but
not limited to negligent actions or omissions of employees or agents of the ENGINEER
arising out of the performance of professional services.
XL 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.
XIL INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in
effect, during the term of this Agreement, a policy of Comprehensive General Liability
Insurance with limits of at lest$1,000,000 aggregate for bodily injury and $1,000,000
aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR 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 DIRECTOR.
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The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article X entitled"Indemnification" shall be provided.
B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and
maintain in effect, during the term of this Agreement, a policy of Comprehensive
Automobile Liability Insurance covering all owned, non-owned and hired motor
vehicles with limits of not less than$500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineers; Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30) days prior written
notice to the DIRECTOR.
XIII. CONSTRUCTION MEANS. METHODS. TECHNIQUES. SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the construction, unless specifically identified
in the Scope of Services.
XIV. NONDISCRIMINATION.
In all hiring or employment made possible or resulting from this Agreement, there shall be
no discrimination against any employee or applicant for employment because of sex, age,
race, color, creed, national origin, marital status, of the presence of any sensory, metal or
physical handicap, unless based upon a bona fide occupational qualification, and this
requirement shall apply to, but not be limited to, the following:- employment advertising,
layoff or termination, rates or pay or other forms of compensation and selection for training,
including apprenticeship.
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
sex, race, color, creed, national origin, age except minimum age and retirement provisions,
marital status or the presence of any sensory, mental or physical handicap. Any violation
of this provision 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.
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XV. 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.
XVI. DELEGATIONS AND SUBCONTRACTORS.
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY
with respect to each and every item condition and other provision hereof to the same extent
that the ENGINEER would have been obligated if it had done the work itself and no
assignment, delegation or subcontract had been made.
XVII. NO CO-PARTNERSHIP OR AGENCY
It is understood and greed that nothing herein contained is intended or shall be construed
to, in any respect, create or establish the relationship of co-partners between the CITY and
the ENGINEER, or as constituting the ENGINEER as the general representative or general
agent of the CITY for any purpose whatsoever or to constitute an employment relationship
between the parties hereto.
XVIII. $EVERABILITY
The parties intend and agreed 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.
XIX. 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.
XX. MODIFICATION OF AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations
or warranties shall be binding upon the other party unless expressed in writing herein or in
a duly executed amendment hereof, or change order as herein provided.
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XXI. 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.
XXII. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
XXIII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a
result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code.
XXV. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the Illinois
department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act
(copy attached).
A copy of the policies must be provided to the Department of Human Rights upon request.
P.A. 87-1257.
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XXVI. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the ENGINEER be made or confirmed in writing.
XXVIL NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to CITY:
DAVID L. LAWRY, P.E.
Civil Engineer III, Project Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
DAVID HESLINGA, P.E.
Project Manager
Rust Environment & Infrastructure Inc.
111 North Canal Street, Suite 305
Chicago, Illinois 60606
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IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and
executed this Agreement in triplicate as though each copy hereof was an original and that there are
no other oral agreement that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN
n
By C C �-� By R%c�d.� is• ReknA, leRa vv.
Dolonna Mecum Richard B. Hg
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this 2,0 day of JOL( , A.D., 1996.
ATTEST: RUST ENVIRONMENT&INFRASTRUCTURE INC.
�,
By ' '''� By
Secretary ( ice President
'V..SEA1:11 August 24,tan
Q:\MARKET\AGREE\AGMT.WPD
9
ATTACHMENT A
L PROJECT DESCRIPTION
The project consists of two parts. The first part will include the performance of design
engineering services needed to prepare plans and specifications for a fifteen-foot widening of
the full length of the Kimball Street bridge over the Fox River. The bridge plans will then be
incorporated with both the final plans that were completed in May 1995 for the reconstruction
of Kimball Street from the Fox River to Dundee Avenue (prepared under an August 20, 1992
agreement between the City of Elgin and Johnson, Johnson&Roy, Inc.) and the final plans that
are currently being prepared for widening the intersection of Kimball Street/Lawrence Avenue
and State Street (being prepared under a February 23, 1995 agreement between the City of
Elgin and Rust Environment&Tnfrastructure Inc.). The second part of the project will provide
for the performance of construction-related engineering services during construction of the
entire improvements in 1997.
Bridge improvements will include widening the bridge deck, abutments and piers, repairs to
deck joints, cracked parapets and delaminated substructure concrete, removal and replacement
of the bituminous surface and waterproofing membrane system and replacement of the bridge
lighting system. The existing plans for Kimball Street from the Fox River to Dundee Avenue
will be modified to match the wider bridge, delete pavement widening on Grove Avenue north
of Kimball and reduce pavement widening on the east side of Dundee Avenue at its intersection
with Kimball Street.
II. SCOPE OF SERVICES
Design Services
A. Preliminary Engineering Phase
1. Prepare revisions to the Bridge Condition Report (BCR) and Type, Size and
Location (TS&L) drawings done under Rust's February 23, 1995 agreement with
the City to include widening the Kimball Street bridge for its full length over the
Fox River. Both documents will be submitted to the City and [DOT for review and
approval.
2. Provide for additional soil borings and a geotechnical investigation through a
subconsultant to determine recommendations for foundation and pile designs for the
east abutment and the easterly four piers of the bridge.
3. Prepare an estimate of quantities and probable construction cost for a full widening
of the length of the bridge.
4. Conduct t o Phase I E nvironmenta Assessment through a subconsultant Johnson
Y, V Vll♦14V� 1 11LLJ� I a vL111aVLL1.w .JL Li�.a�1, uJLL , ,
Johnson and Roy, Inc., for three properties located on the south side of Kimball
Street between Spring and Dundee as detailed in a letter dated June 6, 1996
included as Attachment C.
1
5. Perform additional topographic surveys along Kimball Street east of the river to
supplement prior surveys performed in 1992 under JJR's August 20, 1992
agreement with the City. Surveys are needed to reflect changed conditions since the
original survey data was collected and to obtain more topographic information on
the east bank of the river south of Kimball Street where a greater extent of
pavement widening is being proposed.
B. Final Engineering Phase
1. Prepare final plans for the Fox River bridge improvements. Plans for the bridge are
expected to consist of 16 sheets including the following:
a. General bridge plan and elevation;
b. Deck framing plan;
c. Precast, prestressed deck beam details;
d. Bearing details;
e. Sidewalk and parapet details;
f. Expansion joint details;
g. Railing details;
h. Abutment removal details;
i. East and west abutment widening details;
j. Pier widening details;
k. Bridge lighting plans and details.
2. Modify the existing final plans for Kimball Street between the river and Dundee
Avenue in order to incorporate these plans with the bridge plans and intersection
improvements at Kimball and State Streets. This work will include the following
plan changes:
a. To match Kimball Street into the wider bridge across the river;
b. To match parking lot improvements proposed between Grove Avenue and
Brook Street and between Spring and Center Streets;
c. To reflect the temporary traffic signals at Douglas Street.
d. To provide for site clearing and building demolition in the proposed Kimball
Street right of way.
Other changes will be made as needed to coordinate plan sheets and technical
specifications into one set of contract documents for all of the Kimball Street
improvements that are consistent with the City's and IDOT's latest standards and
design criteria. Johnson, Johnson& Roy, Inc. (JJR) will assist Rust in changes to
landscaping, irrigation and streetscape plans and in the preparation of site clearing
and building demolition plans as detailed in letters dated February 12, 1996 and
April 4, 1996, included as Attachment C.
3. Prepare a pre-final estimate of quantities and probable construction cost for all
improvements. A project manual will be prepared which includes the notice to
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bidders, instructions to bidders, contract, bond and proposal forms and general
conditions.
4. Submit pre-final plans to the City and IDOT for concurrent reviews. One meeting
will be held with each agency to discuss review comments and resolve any
remaining design issues. The plans and project manual will then be revised as
needed to respond to review comments and be completed for the bidding phase.
C. Bidding Phase
1. Provide 25 copies of final plans and project manuals to the City for bidding
purposes. Assist the City as needed in conducting a pre-bid meeting with
prospective bidders and at the bid opening.
2. Prepare a bid tabulation.and written recommendation for award based on a review
of bids received and background checks of the low bidder's qualifications, previous
experience and performance, equipment available, ongoing workload and
references.
Construction-Related Services
A. Construction Administration
1. Assist the Owner in assembling the contract documents for execution by the
Contractor and Owner.
2. Prepare an agenda for and assist the Owner in conducting, one pre-construction
conference with representatives of the Contractor, Engineer, Owner, and affected
utilities. Prepare and distribute minutes of this meeting.
3. Review Contractor's construction schedule, and coordinate with Owner's
requirements.
4. Conduct weekly meetings in coordination with Owner's staff at the job site to
review progress and to discuss and resolve project related questions. Prepare
weekly progress reports to the Owner.
5. Review shop drawings and other submittals as required of the Contractor by the
Contract Documents and approve those which are in conformance with the design
concept of the Project and in compliance with requirements of the Contract
Documents. Incorporate Owner's comments where appropriate. Provide Owner
with a copy of all shop drawings, including Engineer's comments. Portions of the
work requiring a shop drawing shall not begin until the shop drawing has been
approved by the Engineer.
6. Provide design discipline input on Change Orders, Field Orders, clarifications, and
interpretation of the Contract Documents.
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7. Process monthly Application for Payment submitted by the Contractor. Review
Waivers of Lien submitted with each application for corporate name and seal of
Contractor or subcontractor and correct dollar amount. Make recommendations
for payment by the Owner.
8. Provide visits to the construction site by the design discipline personnel at
appropriate stages of construction to review quality of work and to determine, in
general, whether the work conforms with the Contract Documents.
9. Prepare Change Orders when so authorized by the Owner. Prepare Field Orders
when required by Project conditions.
10. Supply the Owner with a copy of:
a. Correspondence issued by Engineers to the Contractor.
b. Correspondence received by Engineer from the Contractor.
c. Daily Reports.
d. Minutes of weekly meetings with the Contractor.
11. Perform a final inspection with Owner and Contractor, and notify the Contractor
in writing of particulars in which this inspection reveals that the Work is incomplete
or defective. Follow-up to ensure incomplete or defective work is completed or
repaired, prior to recommending final payment to the contractor.
12. Prepare Certifications of Substantial Completion.
13. Prepare record drawings upon completion of the Project in accordance with
construction records of the Contractor, and as verified by Engineer. Provide the
Owner with the following:
a. One paper copy (blue line prints) of full size (22" x 34") drawings.
b. One reproducible copy (sepia mylar - 3 mils thick) of full size (22" x 34")
drawings.
14. Review Contractor's payroll for compliance with the wage rate determinations
included in the Contract Documents.
15. Maintain Engineer's files, records, and other Project documentation..
B. Construction Observation
1. Provide one Resident Project Representative and Inspectors, as outlined in the
Compensation Section of this Agreement, while Contractor is on-site. The typical
workday for the Resident Project Representative and Inspectors will be dependent
on the Contractor's work schedule.
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2. Check the line and grade of the improvements to confirm conformance with the
Contract Documents. Bring discrepancies to the attention of the Contractor. This
check of line and grade by the Resident Project Representative shall in no way
relieve the Contractor from any of his responsibilities to comply with the Contract
Documents.
3. Receive samples which are furnished at the site by Contractor and coordinate
laboratory testing for their examination for compliance with contract documents
with the City's material testing consultant.
4. Verify quality assurance testing is conducted as required by the contract documents
and in the presence of the City's material testing consultant. Review testing results
for soils, aggregate, concrete and bituminous to determine compliance with
specification requirements.
C. Construction Staking
Provide one set of control stakes and reference elevations for underground utility
installation, and roadway improvements for use by the Contractor during construction.
D. Community Relations
1. Attend up to three community meetings during the construction phase of the Project
to assist the Owner in presenting the Project to area residents.
2. Prepare a notice to residents and businesses in the construction area describing
upcoming construction activities, and distribute the notice prior to the start of
construction. This notice will contain a general schedule for construction activities
and a listing of contact persons, should residents have questions about the Project.
The notice will also list the Engineer's "hot-line" contacts for problems during
construction.
3. Prepare a notice to residents and businesses to inform them when specific
construction activities will occur in the immediate vicinity of their property. These
notices will be distributed to residents not earlier than seven(7) days nor later than
three (3) days prior to start of specific construction activities (except as noted). The
specific construction activities of which residents will be informed are:
a. Alteration of normal traffic regulations, including on-street parking.
b. Removal of roadway pavements/installation of sewers.
c. Permanent pavement installation/restoration of ROW areas.
d. Completion of construction/return to normal traffic regulations.
e. Temporary discontinuation of water or sanitary sewer service (notice will be
distributed on the evening prior to the discontinuation).
4. Establish a telephone "hot-line" for direct resident contact with Engineer's field
staff. The initial contact person will be Engineer's Project Representative at
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Engineer's field office at the construction site. An automatic answering machine will
be provided to take messages. Calls will be returned on the next normal work day.
Should the caller need immediate assistance, the caller will be referred to an
"emergency" telephone number. Engineer's staff will be available on a 24-hour/
7-day basis for response to immediate assistance situations.
5. Maintain a log of resident calls, including:
a. Caller's name and address.
b. Date/time of call.
c. Question/problem.
d. Date/time of call-back.
e. Date/time question/problem resolved.
f. Answer/resolution.
g. Date/time of follow-up calls.
III. ASSUMPTIONS/CONDITIONS
This agreement is subject to the following assumptions and conditions:
A. Design services will begin in June 1996 and be completed for bidding purposes by
December 1996. Construction services will begin upon completion of design and be
completed by December 1997.
B. Existing building and structures located on land to be acquired for the Kimball Street
improvements and the existing tracks at Brook Street will be removed from the Kimball
Street right of way as part of this project.
C. The City will provide for material and field testing required to verify contractor
compliance with the contract documents through a separate agreement with a material
testing consultant under contract with the City.
D. Construction observation man-hours for the resident project representative and inspectors
have been estimated as follows:
Resident Project Representative: 34 weeks @ 50 hours per week; 80 hours for
preconstruction services; and 180 hours for final inspection and post-construction
services.
Inspectors (2 individuals): one working 30 weeks @ 50 hours per week and a
second working 15 weeks @ 50 hours per week.
N:\"7 3914\WP\MARKET\PROPOSAL\ATTACH A.WPD
6
CONSTRUCTION SERVICES
1 . Liaison and Contract Control
Act as the CITY's representative with duties,
responsibilities and limitations of authority as assigned
in the Construction Contract Documents, and advise and
confer with CITY officials during construction and issue
the CITY' s authorized instructions to the Contractor.
Assist the Contractor in understanding the intent of the
Construction Contract Documents . Serve as the City's
liaison with other local agencies such as utility
companies, businesses, CITY's on-site representative, etc.
2 . On-Site Review of Work
Conduct continuous and full-time on-site observations of
the work in progress to determine that the PROJECT is
proceeding in accordance with the Construction Contract
Documents and that completed work will conform to the
requirements of the Construction Contract Documents.
Instruct Contractor to correct any work believed to be
unsatisfactory, faulty or defective, not conforming to the
requirements of the Construction Contract Documents, or
does not meet the requirements of any inspections, tests,
or approval required to be made and report same to the
CITY; and advise CITY of action taken or if any special
testing or inspection will be required.
Verify that tests are conducted as required by the
Construction Contract Documents and in the presence of the
required personnel, and that Contractors maintain and
submit adequate records thereof; observe, record, and
report to the CITY appropriate details relative to the test
procedures .
Perform or cause to have performed as applicable, all
required field tests such as concrete tests, soil
compaction tests and ensure such ' tests are made as
specified. Analyze the results of all field and laboratory
tests to determine the suitability compliance with the
requirements of the Construction Contract Documents .
Accompany visiting inspectors representing public or other
agencies having jurisdiction over the project, record the
outcome of these inspections and report to the CITY.
Stake-out construction lines and grades and assist the
Contractor with interpretation of the Drawings and
Specifications .
-2-
Prepare and submit detailed daily reports of construction
progress .
3 . Contractor Suggestions and Requests
Consider and evaluate suggestions and requests for
modifications in drawings and specifications which may be
submitted by the Contractor and make recommendations to the
CITY with any time or cost implications for final decision.
4 . Shop Drawings
Develop shop drawing submittal requirements and assist
Contractor in development of submittal schedules. Review
and monitor compliance with submittal schedules .
Review and approve shop drawings and samples, the results
of tests and inspections and other data which any
Contractor is required to submit, but only for conformance
with the design concept of the project and compliance with
the information given in the Construction Contract
Documents . Such review shall not be construed as relieving
the Contractor of the responsibility to meet requirements
of the Construction Contract Documents. Determine the
acceptability of substitute materials and equipment
proposed by the Contractor; and receive and review ( for
general content as required by the specifications)
maintenance and operating instructions, guarantees, bonds
and certificates of inspection which are to be assembled by
the Contractor(s) in accordance with the Construction
Contract Documents .
Record and maintain a shop drawing submittal and approval
log and notify the Contractor whenever submittals are
lacking or untimely.
5 . Schedules
- Prepare a final Primavera type construction schedule with
the participation of the Contractor and obtain the
Contractor's approval of the construction schedule. A
schedule of shop drawing submissions, and schedule of
values shall also be prepared by the Contractor and
approved by the engineer.
Work with the Contractor to maintain a workable updated
Primavera type construction schedule that is maintained and
monitored weekly as construction progresses as required by
the Construction Contract Documents . Report progress and
schedule deviations and corrective measures proposed by the
Contractor to the CITY.
-3-
6 . Job Meetings
Conduct weekly progress meetings with all parties as
required by the Construction Contract Documents to review
construction progress, design interpretations and overall
progress . Prepare, maintain, and circulate copies of
minutes thereof. Arrange a schedule of on-site job work
meetings with the General Contractor and Subcontractors to
review day-to-day requirements and problems . Prepare,
maintain, and circulate copies of minutes thereof.
7 . Contract Administration and Records
Handle all day-to-day Contract Administration and
associated correspondence. Maintain at the job site orderly
files for correspondence, reports of job conferences, shop
drawings, and samples submissions, reproductions of
original Construction Contract Documents including all
addenda, change orders, field orders, additional drawings
issued subsequent to the execution of the Construction
Contract Documents, progress reports, and other project
related documents .
8 . Reports
Furnish written reports to the CITY on a biweekly basis of
progress of the work and the Contractor' s compliance with
the approved progress schedule and schedule of shop drawing
submissions .
9 . Contractor Pay Requests
Review the Contractor' s requests for payments as
construction work progresses, and advise the CITY of the
amounts due and payable to the Contractor in accordance
with the terms of the Construction Contract Documents .
10 . Change Orders
Perform evaluation of proposed Construction Contract Change
Orders and submit recommendation for, approval or denial to
the CITY. Prepare Construction Contract Change Orders when
authorized by the CITY.
11 . Government Policies
Review the Contractor' s compliance with governmental
mandated programs . Compliance with OSHA requirements and
general safety provisions will be reviewed by an
independent safety officer retained by the Contractor as
part of the construction work. The safety officer will
visit the job site periodically and will submit written
reports to the CITY, Contractor, and ENGINEER.
-4-
12 . Record Drawings
Prepare record drawings which show field measured
dimensions of the completed construction work which the
ENGINEERS consider significant and provide the CITY with
one set of reproducible record drawings and all equipment
operation and maintenance manuals within ninety (90) days
of the PROJECT completion.
13 . Final Completion
Conduct a final inspection of the PROJECT with the CITY and
the Contractor, and prepare and give to the Contractor a
final punch list. Issue an opinion of satisfactory
completion for acceptance of the PROJECT by the CITY.
Process the Contractor' s final request for payment.
ATTACHMENT B-1
•
COST ESTIMATE OF CONSULTANT SERVICES
DESIGN SERVICES
ROUTE: Kimball Street/State Street DATE: June 13, 1996
COUNTY: Kane
STRUCTURE NO.: 045-6301 Overhead & Fringe Benefits: 159.33%
RUST ENVIRONMENT & INFRASTRUCTURE INC.
NUMBER OVERHEAD
ITEM OF & IN-HOUSE SERVICE % OF
MAN PAYROLL FRINGE DIRECT SUBTOTAL PROFIT BY TOTAL GRAND
HOURS BENEFITS COSTS OTHERS TOTAL
(A) (B) (C) (D) (E) (F) (G) (H) (I)
A. Preliminary Engineering
1. BCR and TS&L 152 3,627.48 5,779.66 9,407.14 1,411.07 10,818.21
2. Geotechnical/Survey 72 1,323.04 2,108.00 3,431.04 514.66 10,400.00' 14,345.70
B. Final Engineering
1. Bridge Plans 832 19,187.38 30,571.25 49,758.63 7,463.79 57,222.42
2. Roadway Plans 484 12,328.46 19,642.94 31,971.40 4,795.71 31,000.002 67,767.11
C. Bidding Phase 36 1,134.40 1,807.44 2,941.84 441.28 3,383.12
Design Total 1,576 37,600.76 59,909.29 97,510.05 14,626.51 41,400.00 153,536.56
1. Geotechnical Investigation (Terracon Consultants)and Phase I Environmental Assessment(JJR)
2. Landscape/Streetscape Revisions and Building Demolition (JJR)
N:1739141WP1MARKETIPROPOSALIATT B-1.WPD
ATTACHMENT B-2
COST ESTIMATE OF CONSULTANT SERVICES
CONSTRUCTION-RELATED SERVICES
ROUTE: Kimball Street/State Street DATE: June 13, 1996
COUNTY: Kane
STRUCTURE NO.: 045-6301 Overhead & Fringe Benefits: 159.33%
RUST ENVIRONMENT & INFRASTRUCTURE INC,
NUMBER OVERHEAD
ITEM OF & IN-HOUSE SERVICE % OF
MAN PAYROLL FRINGE DIRECT SUBTOTAL PROFIT BY TOTAL GRAND
HOURS BENEFITS COSTS OTHERS TOTAL
(A) (B) (C) (D) (E) (F) (G) (H) (I)
Construction-Related Services
A. Administration/Bidding 236 _ 7,080.00 11,280.56 750.00 19,110.56 2,754.08 21,864.64
B. Observation 4,210 92.620.00 _147,571.45 7,250.00 247,441.45 36,028.72 36,000.00' 319.470.17
C. Stakirj 200 3,700.00 _ 5,895.21 _ 250.00 6,145.21 1,439.28 7,584.49
Construction Total 4,646 103,400.00 164,747.22 8,250.00 272,697.22 40,222.08 36,000.00 348,919.30
3. Landscape/Streetscape Observation (JJR)
N:17 3914\WP\MARKET\PROPOSALWTT B-2.WPD
•
Attachment C
Subconsultant Scope of Services and Fee Breakdown
•
• Jam
30 West Monroe Street. Suite 1010
Chicago, Illinois 60603-2405
312 641 0770
312 6416728 FAX
Planning
Landscape Architecture
Urban Cesign
Civil Engineering
Environmental Services
JohnsarrJohnsorr&Firs /inc.'
12 February 1996
Mr. Dave Heslinga
Rust Environment & Infrastructure
111 N. Canal St., Suite 305
Chicago, Illinois 60606
Re: Elgin Kimball Site Preparation
17008.00
Dear Dave:
Johnson Johnson & Roy/inc (JJR) is pleased to submit this proposal to provide services to
prepare site preparation drawings and specifications for the Kimball Street improvements
project. We believe our experience of working with Rust and the City of Elgin will benefit this
effort.
JJR will describe the requirements to complete site preparation within the proposed Kimball St.
right-of-way for the following items:
1. Building demolition and basement/vault demolition and backfill.
2. Retaining wall demolition.
3. Water and sewer abandonment, removals and adjustments.
4. Pavement, curb and sidewalk removal.
5. Clearing and grubbing.
6. Asbestos and UST removals and/or abandonments.
JJR will utilize the recommendations provided in the Phase I and Phase II Environmental
Assessments and the Asbestos Survey and Assessment completed by Warzyn Inc. for the City
of Eigin to describe the site preparation necessary for the asbestos and UST removals and/or
abandonments. (Copies attached.)
A Member of The Smith Group, Inc.
Ann Arbor/Chicago/Detroit/Madison/Phoenix/Washington D. C.
Mr. Dave Heslinga
Rust Environment & Infrastructure
12 February 1996
Page 2
Based upon our review of this information, additional Phase I or Phase II environmental
assessment and asbestos surveys may be unnecessary and are therefore excluded from this
proposal. Also excluded are site preparation services relating to electrical, telecommunication
and cable TV.
JJR is requesting a lump sum fee of $12,500 for labor and $500 for reimbursable expenses.
We understand if this proposal is accepted, our fees would be included in a contract for
engineering services between Rust and the City of Elgin.
Please do not hesitate to call if you have any questions or comments.
Sincerely,
JOHNSON JOHNSON & ROY/inc
Paul J. Wiese
Senior Associate
Attachment
AMPI c:I project)170081 corres I p w0212dh.doc
-"" -44.4,;''-**:,°::°4. _ -N,=°Johns171110inse SfrOyiirr ° -
JJR
30 West Monroe Street. Suite 1010
Chicago. Illinois 60603-2405
312 641 0770
312 6416728 FAX
Planning
Landscape Architecture
Urban Design
Civil Engineering
Environmental Services
Jahnsan`Jahnsarr&'F(, '/inc' •
04 April 1996
Mr. Dave Heslinga
Rust Environment & Infrastructure
111 North Canal, Suite 305
Chicago, IL 60606
Re: Elgin
17008.00
Dear Dave:
On 11 August 1995, Johnson Johnson & Roy requested $20,000 for construction
administration services for Kimball Avenue. However, upon further review, we believe it
necessary to revise our request to $36,000 due to the likelihood that site visits will need
to occur weekly rather than biweekly as previously estimated. This fee includes (32)
visits.
Please feel free to call if you have any questions or comments.
Sincerely,
JOHNSON JOHNSON & ROY/inc
el J.
Paul J. Wiese
Senior Associate
JBOIc:I project1170081corres t pw43dh.doc
•
A Member of The Smith Group. Inc.
Ann Arbor i Chicago/Detroit i Madison/Phoenix/Washington 0. C.
• JJR/
30 West Monroe Street. Suite 1010
Chicago, Illinois 60603-2405
312 6410770
312 641 6728 FAX —
Planning
Landscape Architecture
Urban Design
Civil Engineering
Environmental Services
Johnson Johnson&Ro/inc
11 August 1995
Mr. David P. Heslinga, P.E.
Senior Transportation Engineer
Rust Environment & Infrastructure
111 North Canal Street, Suite 305
Chicago, Illinois 60606
Re: Elgin
17008.00
Dear Dave:
Per the request of Jim Kristiansen, City of Elgin Department of Public Works, Johnson Johnson
& Roy/inc (JJR) is pleased to provide fees for the additional services on the Kimball Ave.
project. Although JJR has served as the prime consultant for the Civic-Cultural District
Streetscape project do date, it is our understanding all parties have agreed that Rust will serve
as the prime in a new contract with the City to implement the project.
1. Modify JJR scope for Kimball Ave. to accommodate bridge widening: $6,000
2. Modify JJR scope for Kimball Ave. to accommodate/address issues which arise
between 17 May 1995 and the time project is ready for bid in late 1996 or
beyond: $12,000
3. Bid phase and construction administration services for JJR scope for Kimball
Ave. including providing clarifications during bid phase (addenda to be issued by Rust),
attend pre-bid meeting, review shop drawings and other submittals, observe
construction on biweekly basis, not-to-exceed (16) visits, and participate in substantial
completion and final inspections: $20,000
A Member of The Smith Group, Inc.
Ann Arbor/Chicago/Detroit/Madison/Phoenix/Washington D. C.
Mr. David P. Heslinga, P.E.
Rust Environment & Infrastructure
11 August 1995
Page 2 —
•
We understand this information will be included with a similar request from Rust and forwarded
to Jim Kristiansen. If you require additional information, please do not hesitate to call.
Sincerely,0 J HNSON JOHNSON & ROY/inc
Paul J. Wiese
Senior Associate
AMPI c:I project 1170081 corres p w811 dh.doc
. -. Johnson Johnson&Roylinc-
1111JR/
30 West Monroe Street. Suite 1010
Chicago. Illinois 60603-2405
312 641 0770
312 641 6728 FAX
Planning
Landscape Architecture
Urban Design
Civil Engineering
Environmental Services
JohnsarrJohnsanr&Rby/inc - . •
06 May 1996
05-056-P827L
Mr. Dave Heslinga
Rust Environment & Infrastructure
111 N. Canal St., Suite 305
Chicago, Illinois 60606
Re: City of Elgin/Kimball St.
Phase I - Environmental Assessment
Proposal for Professional Services
JJR No. 62827.11L
Dear Mr. Heslinga:
Johnson Johnson & Roy/inc (JJR) is pleased to submit this proposal for professional services
to prepare a Phase I Environmental Assessment for the proposed Kimball Street
improvements project. We believe our experience of working with Rust and the City of Elgin
will benefit this effort.
SCOPE OF SERVICES
Basic Services
A. Phase I Environmental Site Assessment
JJR will conduct a Phase I Environment Site Assessment in accordance with the
methods specified in ASTM Standard Practice for Environment,Site Assessments
(E1527-94). The ASTM Standards define good commercial and customary practice for
conducting an environmental site assessment of real estate.
The purpose this Phase I Environmental Site Assessment is to identify recognized
environmental conditions in connection with the properties described herein. JJR's
scope of services will include the following tasks.
1. Records Review. JJR will obtain and review reasonably ascertainable/standard
records which are publicly available that will help identify environmental
conditions in connection with the properties.
A Member of The Smith Group, Inc.
Ann Arbor/Chicago/Detroit/Madison/Phoenix/Washington D. C.
Mr. Dave Heslinga
Rust Environment & Infrastructure
6 June 1996
Page 2
2. Site Reconnaissance. JJR will visually and physically observe the property and
any structure(s) located on the property to obtain information regarding past and
current usage. Both interiors and exterior observations of buildings will be
made.
3. Interviews With Owners, Occupants and Local Government Officials. JJR will
conduct interviews with owners and occupants of the property, as well as,.local
government officials to obtain information regarding uses and conditions
obtained in Task 2.
4. Evaluation and Report Preparation. JJR will evaluate information obtained and
prepare a report based on conclusions made. The report will be prepared in a
format which is standard for Phase I Environment Site Assessments. The report
will include JJR's opinion of the impact of recognized environmental conditions
in connection with the properties.
Assumptions
The following assumptions are considered in JJR's basic services:
1. Phase I Environmental Site Assessments will be conducted for a maximum of three (3)
properties which consist of the following parcels. These parcels are shown in the
attached exhibit.
107-20-006 107-22-023 108-A-010 108-A-020
107-21-006 108-19-009 108-A-011 108-A-013
107-22-024 108-19-001 108-A-012
2. JJR will use a one-half mile radius in the records search to identify listed sites relevant
to the Phase I Environment Site Assessment.
3. The City of Elgin will be responsible for checking title records for environmental liens for
each property.
4. - Phase II asbestos testing will be limited to a maximum of $300.
Extra Services
Services in addition to those described above will include the following items:
1. Phase I Environmental Site Assessments for additional properties other than those
described herein.
2. Additional detailed conclusions other than the requirements specified in the ASTM
Standard.
Mr. Dave Heslinga
Rust Environment & Infrastructure
6 June 1996
Page 3
3. Liability/risk evaluations.
4. Recommendations for Phase II testing other than for asbestos.
5. Consultation on remediation techniques.
6. Searching title records for environmental liens.
REMUNERATION
Basic Services
Remuneration to JJR for the services described herein and in accordance with the Conditions
of this Agreement shall be compensated on an hourly basis per the attached Standard Fee
and Reimbursement Schedule. We suggest a budget amount for labor costs as described
below. JJR will not exceed those amounts without your prior approval.
A. Phase I Environmental Site Assessment $3,700
This fee does not include any allowance for Phase II testing. We suggest that a budget
of $300 be established for asbestos testing.
Reimbursables
Reimbursable expenses are excluded from JJR's basic compensation as described and the
Client shall, in addition to payment for the Basic Services, reimburse JJR for these
expenditures made in the interest of the project. Such reimbursable expenses include, but are
not limited to, those items noted in JJR's Standard Fee and Reimbursement Schedule. We
suggest that a budget of $400 be established for reimbursable expenses.
In accordance with our firm's policy, all invoices must be paid in full to release the final
documents.
Extra Services
Services in addition to those described above are to be compensated at the hourly rates
noted, and for related reimbursable expenses, in accordance with JJR's Standard Fee and
Reimbursement Schedule for the actual hours worked and cost incurred by JJR.
Method of Payment
Payments on account of JJR's services shall be made monthly in proportion to services
performed C1IUIIIIC ed upon receipt of invoice. Balances remaining unpaid after thirty (30) days are
subject to a monthly finance charge of 1% (12% annually) until paid.
ti z lati a Vahnuffa b /u► . ''s
Mr. Dave Heslinga
Rust Environment & Infrastructure
6 June 1996
Page 4
JJR reserves the right to suspend work on the project at such time as payment for professional
services has become delinquent for sixty (60) days through no fault of JJR. In the event that
JJR shall be successful in any suit for damages for breach of this agreement, including non-
payment of invoices, JJR shall be entitled to recover, as parts of its damages, its reasonable
legal costs and expenses for bringing and maintaining any such action.
SCHEDULE
JJR is prepared to immediately initiate the Basic Services upon receipt of a signed copy of this
proposal from an authorized representative. JJR will complete the work within ten (10)
calendar days after the notice to proceed.
CONDITIONS OF AGREEMENT
This proposal remains in effect for a period of sixty (60) days. This proposal will become a
binding agreement between JJR and the Client when the proposal is either executed by the
Client, or when the Client authorizes JJR either orally or in writing, to commence work on the
project as outlined in the proposal. If work is commenced by JJR, and the Client does not
object, it is an acceptance of the proposed terms.
JJR will assert its rights to file a Mechanic's Lien against the property of the Client for which
professional services are being performed in the event services performed on behalf of the
Client are not paid for in accordance with the terms of this agreement.
The information, documents and all services furnished by the Client or others retained by the
Client shall be provided at the Client's expense; the Client shall indemnify and hold JJR
harmless from all expenses, claims and/or liability resulting from the use of incorrect or
misleading information.
The Client may terminate this agreement at any time with or without cause upon giving JJR
ten (10) calendar days prior written notice. JJR may terminate this agreement upon giving the
Client ten (10) calendar days prior written notice for any of the following reasons:
1. Breach by the Client of any material term of this agreement, including but not limited to
payment terms.
2. Material changes in the conditions under which this agreement was entered into,
coupled with the failure of the parties to reach accord on the fees and charges for any
Additional Services required because of such changes.
The Client shall, within thirty (30) calendar days of termination, pay JJR for all services
rendered and aii costs incurred up to the date of termination, in accordance with the
compensation provisions of this contract.
Mr. Dave Heslinga
Rust Environment & Infrastructure
6 June 1996
Page 5
It is mutually understood and agreed that this agreement shall be binding upon Client and its
successors and assigns and upon JJR, its successors and assigns. Neither party shall assign
nor transfer its interest in this agreement or any part thereof, without the written consent of the
other party.
Any taxes or fees, enacted by local, state or federal government subsequent to the date of this
contract, and based on gross receipts or revenues will be added to amounts due under this
contract, in accordance with any such fees or taxes.
JJR agrees to hold harmless and indemnify the Client against all claims, damages, losses and
costs, including costs of defense, arising out of negligent performance of service under this
agreement.
The Client agrees to indemnify JJR and all its officers and employees from any and all liability
arising under this contract or in any way related to claims, costs, actions, losses or expenses
(including attorney fees) resulting from or caused by the actions or omissions of the Client, the
Client's employees, agents, or other contractors employed by the Client pursuant to the
Agreement.
It is agreed that in the event that claims for damages are made regarding the performance by
JJR of this contract for services, any and all damages shall be limited to the total fees paid to
JJR under the contract. Moreover, it is agreed that any and all claims against JJR arising out
of performance of this contract shall be brought within one year of the completion of the
contract by JJR. Finally, it is agreed that a claim shall not be asserted against JJR unless a
written opinion is first obtained from a licensed professional of the same discipline attesting to
the meritoriousness of the claim.
This agreement shall be exclusively governed by the laws applicable to the State of Illinois.
This document may serve as an agreement between JJR and the Client, and the Client shall
indicate acceptance by signing in the space provided below and returning one signed copy for
our files.
Mr. Dave Heslinga
Rust Environment & Infrastructure
6 June 1996
Page 6
Thank you for contacting JJR. We look forward to working with you on this project.
Sincerely,
J HNSON JOHNSON & ROY/inc
oc.f....e i '1.7 fib i PP .
Paul J. Wiese Bollier
Senior Associate .al
Enclosure(s)
AUTHORIZED REPRESENTATIVE: RUST ENVIRONMENT & INFRASTRUCTURE
BY: TITLE:
PRINTED
SIGNATURE: DATE:
AMPIc:Imarketg1628271pw0531 dh.doc
STANDARD FEE AND REIMBURSEMENT SCHEDULE
JOHNSON JOHNSON & ROY/nc
CHICAGO, ILLINOIS
1 FEBRUARY 1996
PROFESSIONAL AND TECHNICAL STAFF
Senior Principal $125.00/hour
Principal $110.00/hour
Senior Associate $90.00/hour
Associate $80.00/hour
Senior Professional Staff/Level 2 $80.00/hour
Senior Professional Staff/Level 1 $65.00/hour
Professional Staff/Level 2 $58.00/hour
Professional Staff/Level 1 $48.00/hour
Senior Technical Staff $45.00/hour
Technical Staff $36.00/hour
These billing rates are subject to semi-annual review and revision.
A surcharge of fifty percent (50%) will be added to hourly rates for expert witness testimony and/or
for participation at hearings, depositions, etc.
REIMBURSABLE EXPENSES
Mileage $0.31/mile
Travel and Subsistence Cost
Telephone, Telex, Telecopy, etc. Cost
Postage, Handling, etc. Cost
Copies (8-1/2" x 11") $0.10/copy
Color Copies (8-1/2" x 11") Cost + 10%
Color Copies (11" x 17") Cost+ 10%
Electrostatic Copies Cost + 10%
Plotting Cost + 10%
Reproduction and Printing Cost + 10%
Materials Cost + 10%
Equipment Rental Cost
Subcontract Services Cost + 10%
INVOICES
Progress invoices shall be issued monthly and payment is due upon receipt. Balances remaining
unpaid after thirty (30) days are subject to a monthly finance charge of 1% (12% annually) until
paid.
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