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15-123 Resolution No. 15-123 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH HR GREEN, INC. FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES IN CONNECTION WITH THE 2013 COMBINED SEWER SEPARATION PROJECT-BLUFF CITY BOULEVARD PHASE I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an amendment agreement no. 2 on behalf of the City of Elgin with HR Green,Inc. for construction administration and inspection services in connection with the 2013 Combined Sewer Separation Project-Bluff City Boulevard Phase I, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 23, 2015 Adopted: September 23, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 2 THIS AMENDMENT AGREEMENT No. 2 is hereby made and entered into this 23rd day of September , 2015, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and HR Green, Inc. an Iowa corporation (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated February 27, 2013 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2013 Combined Sewer Separation Project—Bluff City Boulevard Phase I (hereinafter referred to as "Original Agreement" and the "Project"); and WHEREAS, the City and Engineer hereto have previously amended the agreement per Amendment Agreement No. 1 dated December 4, 2013, to include professional services for additional survey, design, engineering, planning and project administration for the additional service area which are directly adjacent to the original agreement area; WHEREAS, neither the Original Agreement nor Amendment No. 1 Agreement included professional services for construction administration and inspection services; and WHEREAS, the City will require these services during the construction phase of proposed improvements for the PROJECT in accordance with approved design plans and specifications; and WHEREAS, additional design services beyond that included in the original agreement and Amendment No. 1 agreement were required as being necessary during the design phase of the PROJECT; and WHEREAS, the parties hereby have each determined it to be in their best interests to amend Original Agreement; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include professional services for construction administration and inspection and additional design services beyond that included in the Original Agreement and Amendment No. 1 Agreement; and WHEREAS, the contract price for the Original Agreement is in the amount of$211,750.00 and the contract price for the Amendment No. 1 is in the amount of$124,089.00 and the cost for the additional professional services for the construction administration and inspection services and additional design services pursuant to this Amendment Agreement No. 2 is in the amount of $698,515.78; and WHEREAS, the changes contemplated by this Amendment Agreement No. 2 are germane to the Original Agreement as signed; and this Amendment Agreement No. 2 is in the best interest of the City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. "Section 1 of the Original Agreement as modified by Amendment No. 1 is hereby further amended by adding the following additional subparagraph E thereto to read as follows: `E. ENGINEER shall also perform the additional services relating to the Project as described in Attachment E, entitled, `SCOPE OF SERVICES — CONSTRUCTION PHASE" for the "2013 Combined Sewer Separation Project — Bluff City Boulevard Phase I," dated June 5, 2015, attached hereto and made a part hereof(hereinafter referred to as the `Supplemental Services'). No Supplemental Services shall be performed by the ENGINEER nor shall the CITY be responsible for payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the CITY. 3. "Section 4 of the Original Agreement as modified by Amendment No. 1 is hereby amended by adding the following additional subparagraphs to the end thereof: `E. For the Supplemental Services to be provided as described in Attachment E, ENGINEER shall be reimbursed at the bill rate schedule of the ENGINEER attached as Attachment C to this agreement, with a total fee for the Supplemental Services described in Attachment E not to exceed $698,515.78, regardless of the actual time or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized in writing by the CITY. The aforementioned not-to-exceed fee includes all other direct costs incurred pursuant to and arising out of the Project which are not included in the invoiced rate for personnel. For purposes of clarification, the total not-to-exceed fees to be paid to the ENGINEER by the CITY are $211,750.00 pursuant to the Original Agreement, $124,089.00 pursuant to Amendment Agreement No. 1, $698,515.78 pursuant to Amendment Agreement No. 2 with the total not- to-exceed fees pursuant to the Original Agreement, Amendment Agreement No. 1 and Amendment No. 2 totaling $1,034,354.78.' 4. The changes provided to the Original Agreement as provided in this Amendment Agreement No. 2 are germane to the Original Contract as signed and this Amendment Agreement No. 2 is in the best interests of the City of Elgin and is authorized by law. 6. That except as amended in this Amendment Agreement No. 2 and Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement, Amendment Agreement No. 1 and the provisions in this Amendment Agreement No. 2, the provisions of this Amendment Agreement No. 2 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF E CONSULTANT By: , B y: dipAtaly y Manager / / / (K A Y SAi.►) Attest: Attest: • City Clerk Its Secretary Mayor III I, David J.Kaptain City Council E LGIN Richard Dunne Terry L.Gavin THE CITY IN THE SUBURBS' Anna C.Moeller Tish S.Powell John Prigge Carol J.Rauschenberger Toby Shaw January 6,2014 F.John Steffen Ajay Jain, Senior Project Manager City Manager HR Green Sean R.Stegall 420 N. Front Street, Suite 100 McHenry, IL 60050 Mr. Jain: Enclosed you will find the executed Amendment Agreement No. 1 for the 2013 Combined Sewer Separation Project-Bluff City Boulevard Phase I. Your firm has already been moving forward with this amendment scope items, but wanted to send this agreement and formally issue a notice to proceed on this scope. This amendment increases the engineering cost by$124,089 to a total cost of$335,839. 1 will continue to coordinate this project on behalf of the City. Should you have any questions, Please contact me either by phone at(847)931-6159 or by e-mail,weiss_e@cityofelgin.org Sincerely, Eric Weiss, P.E. Water Operations Engineer I ,JAN - B ";i)!,1 cc: Kyla Jacobsen,Water Director 150 Dexter Court,Elgin,IL 60120 847-931-6100 www.cityofelgin.org AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 4th day of December , 2013, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and HR Green, Inc. an Iowa corporation (hereinafter referred to as"Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated February 27, 2013 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2013 Combined Sewer Separation Project—Bluff City Boulevard Phase I (hereinafter referred to as"Original Agreement" and the"Project"); and WHEREAS, the parties hereby have each determined it to be in their best interests to amend Original Agreement; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include additional survey, design, engineering, planning and project administration services for the additional service area which are directly adjacent to the original agreement area; and WHEREAS, the contract price for the Original Agreement is in the amount of$211,750.00, and the cost for the additional engineering services for the adjacent areas to be provided pursuant to this Amendment Agreement No. 1 is in the amount of$124,089.00; and WHEREAS, the circumstances necessitating the change in performance contemplated by this amendment were not reasonably foreseeable at the time the Original Agreement was signed; the changes contemplated by this Amendment Agreement No. I are germane to the Original Agreement as signed; and this Amendment Agreement No. I is in the best interest of the City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged,the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. "Section 1 of the Original Agreement is hereby amended by adding the following additional subparagraph D thereto to read as follows: `D. ENGINEER shall also perform the additional Services relating to the Project as described in Attachment D, entitled, `DESIGN, ADMINISTRATION AND PLANNING ENGINEERING ACTIVITIES 2013 Combined Sewer Separation Project — Bluff City Boulevard Phase I,' dated September 27, 2013, attached hereto and made a part hereof (hereinafter referred to as the `Supplemental Services'). No Supplemental Services shall be performed by the ENGINEER nor shall the CITY be responsible for payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the CITY. A detailed project schedule for the Supplemental Services described in Attachment D is attached hereto and made a part hereof as Attachment D-1."' 3. "Section 4 of the Original Agreement is hereby amended by adding the following additional subparagraphs to the end thereof: `E. For the Supplemental Services to be provided as described in Attachment D, ENGINEER shall be reimbursed at the bill rate schedule of the ENGINEER attached as Attachment C to this agreement, with a total fee for the Supplemental Services described in Attachment D not to exceed $124,089.00, regardless of the actual time or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized in writing by the CITY. The aforementioned not-to-exceed fee includes all other direct costs incurred pursuant to and arising out of the Project which are not included in the invoiced rate for personnel. For purposes of clarification, the total not-to-exceed fees to be paid to the ENGINEER by the CITY are $211,750.00 pursuant to the Original Agreement and $124,089.00 pursuant to Amendment Agreement No. 1, with the total not-to-exceed fees pursuant to the Original Agreement and Amendment Agreement No. 1 totaling$335,839.00.' 4. The changes provided to the Original Agreement as provided in this Amendment Agreement No. 1 are germane to the Original Contract as signed and this Amendment Agreement No. 1 is in the best interests of the City of Elgin and is authorized by law. 6. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement, and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONSULTANT .�� By: Q BY City anager AgO 3-61N) Attest: Attest: 16f4A- ,o/t1,(e( Det6CA / City Clerk Its Secretary r ,, A a po(ila n v • AGREEMENT THIS AGREEMENT is made and entered into this 27tlday of February ,2013,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY")and HR GREEN,an Iowa corporation(hereinafter referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 2013 Combined Sewer Separation Project — Bluff City Boulevard Phase I(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, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES, A. All work hereunder shall be performed under the direction of the Director of Water Department of the CITY,herein after referred to as the"DIRECTOR". B. The general scope of services is to provide the City with a hydraulic study and overall basin separation strategy, and then provide design, plans, specifications, and bidding for area identified in the study for Phase I. The construction administration and inspection services are not included in this agreement but will be considered to be added by amendment to the design agreement. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. i. Kickoff Meeting—March 2013 ii. Pre-final Hydraulic Report—May 2013 iii. Final Hydraulic Report—June 2013 iv. Phase 1 30%Design Plans—August 2013 v. Phase 1 60%Design Plans—September 2013 vi. Public Information Meeting—October 2013 vii. Phase 1 90%Design Plans—November 2013 viii. Phase 1 Final Design Plans&Permits—December 2013 ix. Bid Award—January 2014 B. A detailed 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 C below. C. 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. 3. WORK PRODUCTS, All work product prepared by the ENGINEER pursuant hereto including, but not limited to,reports,plans,designs,calculations,work drawings,studies,photographs,models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest,by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid per the Bill Rate Schedule of the ENGINEER as Attachment C, with a total fee not to exceed $211,750 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 0 %. Any such invoiced fees to ENGINEER shall be included with and construed as part of the above-referenced amount of$211,750 provided for in Section 4A hereof. C. Direct reimbursable expenses will be billed at actual cost to the CITY. These expenses include travel, out-of-pocket expenses, printing, postage, computer charges and long distance telephone. Any such invoiced expenses to ENGINEER shall be included with and construed as part of the above-referenced amount of $211,750 provided for in Section 4A hereof. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of the ENGINEER's detailed -2- • • invoice. Full payment for the PROJECT shall not be made until the project is completed and accepted by the DIRECTOR. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports(2C above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period,and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15)days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. -3 - 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative,contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement, Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/I, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. 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 A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general 4- liability insurance with limits of at least $1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled"Indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit 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. 13. 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. 14. 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, mental 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 -5- advertising, layoff or termination, rates of 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. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS, Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 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. rSEVERABILITY 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. 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. -6- • i 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County,Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5133E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include,at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; -7- • E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 el 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. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid,addressed as follows: A. As to CITY: Kyla B.Jacobsen Water Director City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. As to ENGINEER: Ajay Jain Senior Project Manager 420 N.Front Street, Suite 100 McHenry,IL 60050 - 8- 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law,including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By % IIII Q By: : TaA■c1 k too City Manager Name/Print: ,} ynct 1 A 1AtAri Title: 1 r e Pre s E r1t•efl-f- Attest: 4 City Clerk Mega'D e pt\Ageemcnt\ENGINEERING AGREEMENT-FORM•0I-23-12.doe -9- ATTACHMENT A — SCOPE OF SERVICES 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin, IL The Bluff City Boulevard Basin is roughly described as the area surrounded by Villa Street on the north, Cleveland Avenue and Harrison Street on the east, Bluff City Boulevard on the south and Raymond Street on the west. The Bluff City Boulevard Basin combined sewer system discharges to the Combined Sewer Outflow(CSO) outfall 003 located in an industrial area west of Raymond Street and is a 41"x 62"outfall. As requested by the City in its request for proposal, HR Green will provide the scope of service necessary to deliver a hydraulic study of the Bluff City Boulevard Basin with an overall basin separation strategy;then provide design, contract plans and specifications, and bidding services for the first sub-basin (Phase I) and include effort for grant/loan applications as part of this project. The construction administration and inspection services are not included in the scope of services but will be considered by the City to be added by amendment to this agreement. The specific tasks and associated scope of services is detailed in the following sections and has been arranged in the following major elements of this project i.e. the Hydraulic Study/Basin Separation Strategy; and Design, Contract Plans and Specifications. Hydraulic Study/Basin Separation Strategy Services The scope will include completion of the following tasks for the Hydraulic Study/Basin Separation Strategy Services: Task 1 —Kickoff meeting Task 2—Data Collection Task 3—Hydrologic and Hydraulic Modeling Task 4—Basin Separation Strategy/Workshop Meeting Task 5—Report Task 6—Project Administration A detailed scope of services for each of the tasks identified above along with deliverable is provided below. Task 1 --Kickoff Meeting Scope of Work: The HR Green Project Manager will prepare a meeting agenda for the Hydraulic Study/Basin Separation Strategy Services and distribute to City Staff prior to the meeting. The Project Manager and the Task Lead will attend a kickoff meeting with City Staff to discuss the agenda items including project schedule, major milestones, and meeting schedules to keep the project on track. Deliverable: Minutes of the meeting will be prepared and distributed to all attendees. Attachment A—Scope of Services 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin,IL Page 2 of 10 Task 2—Data Collection Scope of Work: The following data will be collected or obtained from the City for the purposes of hydrologic and hydraulic modeling and development of the basin separation strategy: • GIS shape files including but not limited to parcel layers, aerials, sanitary, storm and combined sewer utilities; • Kane County contour mapping for the project area; • Electronic copy of the previously completed XP-SWMM hydraulic model of the basin; • CSO monitoring data; • Previously completed sewer televising inspection reports/CD's, if available; and • Flow monitoring data, if available. Deliverable: Not Applicable Task 3—Hydrology and Hydraulic Modeling Scope of Work: A hydraulic model of the basin was previously completed using the XP- SWMM software by Carroll Engineering &Associates, now R. K. Johnson&Associates, Inc. This model was the basis on which the conceptual sewer separation plan, included in the LTCP, was developed. Based on implementation of the sewer separation plans in the Lord Avenue and Highland Avenue basins, the City has a fair amount of confidence in the model and its calibration. However, HR Green will need to verify the model prior to investigating options/efficiencies and developing a comprehensive basin separation strategy. The emphasis of our review will include building upon the existing hydraulic model and looking for options/efficiencies to finalize a comprehensive basin separation strategy including phasing of the construction projects. HR Green will verify the model using a variety of tools and its technical expertise. This will include verification of the hydraulic model set up and review of input parameters. Any deficiencies and/or items of concern will be discussed with the City prior to any major revisions to the model. Once the model set up and input parameters have been verified, HR Green will verify the model calibration for dry and wet weather flows against available flow monitoring data within the basin and at the CSO outfall. Actual rainfall data for a specific wet weather event resulting in a CSO occurrence will be used. If the model can reasonably mimic CSO overflows for specific rainfall events, it will be concluded that the model is calibrated and is ready for use in developing a basin separation strategy. Deliverable: See deliverables under Task 5. Items Not Included in the Scope: A redesign of previously completed work and/or building the existing conditions hydraulic model from scratch is not included in the scope. A detailed flow monitoring within the basin is not anticipated and is not included in the scope of services. If these services become necessary, HR Green can provide these services, upon approval by the City, as supplemental services. Attachment A—Scope of Services 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin,IL Page 3 of 10 Task 4-Basin Separation Strategy/Workshop Meeting Scope of Work: Once the model has been verified and calibrated, HR Green will review the previously developed basin separation strategy included in the Long Term Control Plan (LTCP) for options/efficiencies. This will include identifying optional separation strategies and developing proposed condition hydraulic models of the proposed separation strategies and its impact on flow reductions,flow attenuations, and CSO occurrence. Once the feasible options are identified, HR Green will schedule one (1) full-day workshop meeting with the City staff. The purpose of the workshop meeting will be to review the options with the City, obtain feedback and finalize a preferred basin separation strategy. HR Green will make the XP-SWMM computer modeling software available at the workshop meeting along with working drawings to run alternative simulations of feasible options along with evaluating cost-benefit, constructability, desired level and frequency of CSO reduction and minimizing inconvenience to area residents and stakeholders in selecting a preferred strategy. Additional opportunities such as storage options on City owned property, green infrastructure, etc.will be explored in finalizing the preferred strategy. HR Green will export the results of the preferred strategy to GIS for querying, preparing easy to understand exhibits and presentations of a comprehensive basin separation strategy. Once, a preferred strategy has been approved by the City, HR Green, in coordination with the City, will prepare a GIS based phasing plan. The phasing plan shall clearly layout the extents of improvements for each phase along with location and alignment of the proposed pipe sizes and associated Improvements including best management practices and green infrastructure elements,if suitable. Deliverable: See deliverables under Task 5. Task 5-Report Scope of Work: HR Green will prepare a "Bluff City Basin Separation Strategy" report which shall include a narrative, modeling assumptions, calibration results, model output report, and XP-SWMM design models on CD and phasing exhibits. For each phase, an Engineer's Opinion of Probable Construction Costs will be provided. Deliverable:Three(3)pre-final and three(3)final copies of the report will be provided to the City. Task 6--Project Administration Scope of Work: This task will include management of the project scope, schedule and budget including maintaining project documentation binder. A monthly progress report will be provided to the City detailing activities completed in the prior month and activities anticipated to be completed or undertaken in the following reporting period. The monthly progress report will include project status in accordance with an approved schedule established for this project and as included in Attachment B. • Attachment A—Scope of Services 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin,IL Page 4 of 10 Deliverable: Monthly progress report will be submitted to the City. Design,Contract Plans and Specifications and Bidding Services Upon selection of the Phase I limits of improvements, HR Green will provide the design, contract plans and specifications and bidding services for the separation of combined sewers within the Phase I project limits. The project will construct new and separated storm sewers within the Phase I project limits along with separation of adjacent combined sewers tributary to the project. The scope will include completion of the following tasks for the Design, Contract Plans and Specifications and Bidding Services for the first sub-basin(Phase I): Task 1 —Kickoff meeting Task 2—Topographic Survey Task 3—Sewer Televising and Inspections Task 4—Field Investigations(Smoke and dye Testing) Task 5—Geotechnical Investigations Task 6—Contract Plans and Specifications Task 7—Public Information Meeting Task 8—Progress Meetings Task 9—Permits Task 10—Bid Award and Assistance Task 11 —Engineer's Opinion of Probable Construction Costs(EOPCC) Task 12—Project Administration Task 13—Grants/Funding A detailed scope of services for each of the tasks identified above along with deliverable is provided below. Task 1 —Kickoff Meeting Scope of Work: The HR Green Project Manager will prepare a meeting agenda for the Design, Contract Plans and Specifications and Bidding Services and distribute to City Staff prior to the meeting. The Project Manager and the Task Lead will attend a kickoff meeting with City Staff to discuss project schedule, major milestones, and meeting schedules to keep the project on track. Deliverable: Minutes of the meeting will be prepared and distributed to all attendees. Task 2-Topographic Survey Scope of Work: The topographic survey will include locating existing visible topographic information within the project corridor and will extend approximately 20' beyond the existing right-of-way of the roads as needed. The topographic survey will include location of existing visible utility markings by J.U.L.I.E. utility identification, existing trees larger than 6 inches in diameter, roadways, signs, sidewalks and landscaping features. Municipal utilities (i.e. storm sewer, sanitary sewer, combined sewers and water main)will also be located showing size, depth and flow direction from observed evidence at manholes, catch basins, inlets and valve vaults. The field survey will also include verifying right-of-way and property ownership. Attachment A—Scope of Services 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin,IL Page 5 of 10 HR Green will utilize existing ROW documents available such as plat of highways, plat of subdivisions and parcels plats to determine ROW limits. These limits will then be field verified to confirm their accuracy. Depending on the final placement of the proposed storm sewers, temporary construction easements or permanent easements may be required for segments along the project route. HR Green will provide easement exhibits. Number of parcels requiring easements will be determined during the design phase. Up to five (5) parcels needing temporary or permanent easements are included in the scope. No additional ROW acquisition is anticipated at this time. The topographic survey for the project will be performed using RTK GPS and robotic total stations referenced to the Illinois State Plane Coordinate System — East Zone (NAD83). The topographic survey will be completed in AutoCAD Civil 3D format. Deliverable: A CADD file along with a shape file of existing surveyed utilities will be provided to the City for use with GIS. Up to five (5) plat of easement will be prepared and submitted to the City for the purposes of acquiring permanent easements. Items Not Included in the Scope: ROW acquisition, appraisals and negotiations is not anticipated and is therefore not Included in the scope. Easement negotiations are not included in the scope and is anticipated that City will acquire the necessary easements. If these services become necessary, HR Green can provide these services, upon approval by the City, as supplemental services. Task 3-Sewer Televising and Inspections Scope of Work: HR Green will subcontract with a qualified and reputable sewer cleaning and televising and pipe inspection company to provide these services. If the City has prior working relationships with a sewer televising contractor and are satisfied with their work, these companies will be contacted and given preference. The existing sanitary and combined sewer system in the Phase I project limits will be cleaned and televised. Inspection will be completed by close circuit TV(CCTV)with all data transferred and stored on Compact Disk. Prior to undertaking this work, coordination will be completed with the City Utility Division and Public Works. HR Green design team will review the sewer televising video to determine existing conditions, connection locations, and identify locations in need of point repair and CIPP lining. HR Green will prepare a list of corrective actions by sewer reaches and coordinate the same with the City Utility Division and Public Works. The point repairs and CIPP lining required within the project limits will be incorporated into the Contract Plans and Engineer's Opinion of Probable Construction Costs. Approximately 3,000 feet of sewer televising is included in the scope. Deliverable: Two (2) copies of the sewer televising report along with a CD will be provided. Two(2)copies of the Corrective Action Report will be provided. Items Not included in the Scope: Sewer televising and inspections beyond 3,000 feet is not included in the scope. If additional televising becomes necessary, HR Green can provide these services, upon approval by the City,as supplemental services. Attachment A—Scope of Services 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin,IL Page 6 of 10 Task 4-Field Investigations(Smoke and Dye Testing): Scope of Work: HR Green will subcontract with a qualified company to perform smoke and dye testing of the Phase I project area for determination of sources of Infiltration and Inflow (I/I) and potential sewer systems or drain tiles unknown to the City. Results from the smoke testing will be used to determine if further dye testing and home inspections will be required. A survey of all homes connected to the combined sewer (to be converted to separate sanitary sewer) will be conducted to identify improper connections. The results of the testing will be discussed with the City to determine what actions need to be included in either code enforcement or incorporated in the design plans. Deliverable: Two (2)copies of the smoke and dye testing results will be provided. Task 5-Geotechnical Investigations Scope of Work: HR Green will subcontract with a qualified geotechnical consultant to provide geotechnical borings within the Phase I project area at locations identified by HR Green in consultation with the City. If horizontal directional drilling (HDD) is anticipated for any portion of the project, soil borings will be obtained along these alignments to determine the suitability of the soils for the HDD operations. Up to ten (10) borings, ten (10) feet deep within the Phase I project limits is included in the scope. Deliverable: Two (2) copies of the geotechnical report will be provided. Items Not Included in the Scope: Soil borings beyond the ten (10) borings anticipated is not included in the scope. If additional borings becomes necessary, HR Green can provide these services, upon approval by the City, as supplemental services. Task 6-Contract Plans and Specifications Scope of Work: These services will include preparing contract plans, specifications and bid documents to City Standards to insure the proper bidding and award of a construction project sufficient to build the sewer separation project for the Phase I project limits. The specific scope for the contract plan services is further provided below: a. Design Standards: The Engineering and Contract Documents will be developed according to applicable City Standards, IDOT, IEPA and other regulatory agency requirements. These include the following design guidelines and ordinances: • City of Elgin standards and details; • Standard Specifications for Sewer and Water Main Construction in Illinois; • IDOT Standard Specifications; • IEPA NPDES Phase II regulations for Stormwater Pollution Prevention Plans (SWPPP); and • Kane County Stormwater Ordinance. Attachment A—Scope of Services 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin,IL Page 7 of 10 b. Plans, Specification and Bid Documents: HR Green will develop and assemble the contract plans and special provisions for a local letting. Plans will be prepared in AutoCAD Civil 3D software. Plans will be developed to predetermined milestones for submittal which will consist of 30%, 60%, 90%, and final bid documents. Comments received will be addressed and a disposition of comments provided to the City. Due to the nature of improvements involving utility construction, early coordination with the City Utility Department, Public Works and Franchise Utilities will be completed to identify potential known conflicts in the field. Due to the age of the existing combined sewer systems in this area, special consideration will be given to existing sanitary services and its depth to avoid potential shading of utilities with the new storm sewers. If needed, exploratory excavation will be recommended during design to determine depth of existing services. No specific water main improvements are known requiring replacements within the basin at this time. Upon identification of the Phase I limits, HR Green will coordinate with the City Utility, Public Works and Water Division if any water main improvements are warranted. Minor water main extensions and/or upsizing within the project limits will be incorporated into the contract plans and specifications. A typical set of contract plans will include the following minimum sheets: • Cover Sheet; • Index/General Notes/Standards; • Summary of Quantities; • Typical Sections; • Maintenance of Traffic—Typical and Notes; • Removal Plans; • Plan and Profile Plans; • Schedules&Tags; • Erosion Control Plan; • Landscaping and Restoration Plans; and • Details. Typical Final Bid Documents will include: • Bid forms - Notice to Bidders, Instructions to Bidders, Bonding and Insurance Requirements • Contract Terms and Conditions; • Special Provisions; • Stormwater Pollution Prevention Plan (SWPPP); • Approved Permits; and • Contract Plans. c. Quality Control and Quality Assurance (QC/QA): A QC/QA review will be completed prior to 30%, 60%, 90%, and final bid document submittal. A constructability review will also be completed by qualified construction personnel. d. Clean Construction or Demolition Debris (CCDD) Certification: As a result of legislation enacted by the Illinois General Assembly and signed into law on July 30, Attachment A—Scope of Services 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin,I! Page 8 of 10 2010 by the Governor of Illinois, Public Act 096-1416, regulating disposal of Clean Construction or Demolition Debris (CCDD), disposal of construction or demolition debris requires a certification from an Illinois registered Professional Engineer that soils generated during construction activities are uncontaminated. The soil samples obtained from the soil borings will be submitted to a certified laboratory qualified to test the soils for the Illinois Environmental Protection Agency (IEPA) Site Remediation Program Target Compound List. The laboratory results will be compared to the Part 742, Tier Approach to Corrective Action Objectives (TACO), Table A. Based on the results of environmental records review and soil sampling, HR Green will provide Professional Engineer (RE.) certification for the soils generated during construction activities that are appropriate for disposal at a permitted CCDD facility. The P.E. certification will be provided on Illinois Environmental Protection Agency form LPC-663. The certification will contain the Basis for Certification that outlines the procedures utilized to certify the soils as uncontaminated including but not limited to PESA, PSI, supplemental PESA and soil testing results. Deliverable: One (1) full size and two (2) half-size copies of the contract plans will be provided at the 30%, 60%, 90% and final submittals. Two (2) copies of the Bid Documents will be provided at 90% and final submittals. Up to ten (10) sets of final bid documents will be made available to contractors for bidding purposes. Task 7- Public Informational Meeting Scope of Work: HR Green will work with City staff to schedule one (1) public informational meeting for the project at an appropriate design stage. HR Green's Project Manager and Design Engineer will attend the public meeting to solicit feedback and to answer any questions pertaining to impacts to affected properties, project duration and other pertinent items. The location for the public informational meeting will be identified and organized by the City. One of the options City shall consider is at the Huff Elementary School along Hastings Street which is located adjacent to the Bluff City basin. It is our experience that public meetings held close to or within the project limits will solicit greater turnout and feedback and as a result, a better coordinated and successful project. Deliverable: HR Green will prepare necessary exhibits and handouts for the public meeting. Task 8—Progress Meetings Scope of Work: At the following design milestones i.e. 30%, 60, and 90% plan submittal, the HR Green Project Manager and Task Lead will attend a progress meeting at the City to discuss the City's review comments on the contract plans and specifications. This will allow City Staff and HR Green to discuss design elements, project progress, permitting, and costs at each of these above milestones to ensure that the project is progressing within budget and on schedule. Deliverable: HR Green will prepare minutes of the meetings and distribute to all attendees. Attachment A—Scope of Services 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin,IL Page 9 of 10 Task 9- Permits Scope of Work: Upon selection of the Phase I project limits for construction, HR Green will identify which regulatory permits will be necessary for the project. At a minimum, the permits relevant to this project will include IEPA's Construction Permits for wastewater(and possible water); Kane County Stormwater Permit for 5,000 square-feet of hydrologic disturbance; and an NPDES Phase II IRL10 General permit for construction activity. In addition, coordination with Fox River Water Reclamation District (FRWRD) and interest groups is anticipated and included in the scope. HR Green will prepare the permit applications and necessary supporting documents for the above referenced permits that will be required for the project. Scope will include permit coordination with the regulatory agencies. Deliverable: One (1) copy of each of the permit application(s) will be provided for City records. Items Not Included in the Scope: The limits of Phase I improvements are not known at this time and therefore applicable permits and/or coordination other than those identified above for the construction project are not yet known. For the purposes of the scope, it is assumed that permits other than those noted above are not required and are therefore not included in the scope. If additional permits are identified requiring substantial permitting efforts, HR Green can provide these services, upon approval by the City, as supplemental services. Task 10-Bid Award and Assistance Scope of Work: The scope of work will include preparing contract documents in the City's format, which typically include construction plans and specifications, bid forms, instructions to bidders, bonding and insurance requirements and applicable state or federal compliance. During the bidding period, HR Green will answer questions raised by potential bidders and issue any addenda, if necessary. HR Green will prepare bid tabulations to include all bids received and opened at the bid opening. This will be submitted to the City within a twenty- four hour time period and will include a recommendation for award. Deliverable: Bid Tabulation and recommendation for award letter will be provided. Task 11 —Engineer's Opinion of Probable Construction Costs Scope of Work: An Engineer's Opinion of Probable Construction Cost (EOPCC) will be prepared for City review with each stage of the submittal at the 30%, 60%, and 90% so that the project stays within the City's construction budget. If any adjustments are needed in the design plans including limits of construction adjustments, these discussions can occur early in the process. A final EOPCC will be provided with the final plans and specifications and prior to bid letting. Deliverable: An Illinois Registered Professional Engineer (PE) signed and sealed EOPCC will be provided. • Attachment A—Scope of Services 2013 Combined Sewer Separation Project Bluff City Boulevard Basin City of Elgin,IL Page 10 of 10 Task 12--Project Administration Scope of Work: This task will include management of the project scope, schedule and budget including maintaining project documentation binder. A monthly progress report will be provided to the City detailing activities completed in the prior month and activities anticipated to be completed or undertaken in the following reporting period. The monthly progress report will include project status in accordance with an approved schedule established for this project and as included in Attachment B. Deliverable: Monthly progress report will be submitted to the City. Task 13- Funding Scope of Work: During the design and contract plan phase, HR Green will consult with the City to identify and prioritize available funding options. HR Green will prepare up to a maximum of two (2)grants and/or loans applications under this proposal. Deliverable: One(1)copy of the grant application will be provided. Items Not Included in the Scope: Grant and/or loan applications, beyond the two (2) grants and/or loans applications as noted above are not Included in the scope. If additional applications are required, HR Green can provide these services, upon approval by the City, as supplemental services. ATTACHMENT B PROPOSED PROJECYSCWEDULE CITY OF ELGIN 2013 COMBINED SEWERSEPARATION PROJECT-BLUFF CITY BOULEVARD BASIN 1 w•n 1 Aar-La I sta•aS I m.33 I 1.1.13 1 Aas•n 1 aeon F 0441 I neo n l 0.04.1 I An-x4 SC ... Basbt • Sttate.,_. ...... _.. 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P-...,;Construed*,: •P.i MMwI1iMMMiMiiMMwMiwwiMiill ®iwMfiiMMiPB iwiiWAIwiw MB iwwiwwiwwwwtiiiiwwwiiwwwiwww/MwMMMMMMMwMMwii MI S: IiMIIMiMiwiwiiiiwi916MBIitliiM ENNIMw4MiiM INE 11fi1=AMItllOiiii NMI iiMiMiwMMMMiMMMwiiMMMiiMiwwMMiMwwMiMiwMiwiMii FtiororT'aarn-. issommimurmsammummosounimmemmtwommilammemasomisummassmmusereauswasemurs A Project MAestone/Deuverable ATTACHMENT C HRGreen HR GREEN, INC. Billing Rate Schedule Effective January 1, 2013 Professional Services Billing Rate Range Principal $185-$250 Senior Professional $150-$200 Professional $110-$160 Junior Professional $80-$115 Senior Technician $80-$110 Technician $50-$85 Senior Field Personnel $100-$150 Field Personnel $70-$105 Junior Field Personnel $50-$80 1 Person w/GPS or Robotic Equipment $105 2 Person Crew w/GPS or Robotic Equipment $155 Administrative Coordinator $35-$100 Administrative $40-$80 Corporate Admin $55-$90 Reimbursable Expenses 1. All materials and supplies used in the performance of work on this project will be billed at cost. 2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey and construction vehicle mileage will be reimbursed on the basis of$0.85 per mile. 3. Charges for sub-consultants will be billed at their invoice cost plus 0%. 4. All other direct expenses will be invoiced at cost plus 0%. • Agreement for Professional Engineering Services-Amendment#1 Combined Sewer Separation Project—Bluff City Boulevard Phase I HR Green Job Number 86120532 September 27,2013 Page 1 of 2 ATTACHMENT D DESIGN, ADMINISTRATION AND PLANNING ENGINEERING ACTIVITIES 2013 Combined Sewer Separation Project—Bluff City Boulevard Phase I Background HR Green, Inc. (COMPANY) was retained by the City of Elgin, Illinois (CLIENT) to provide professional engineering services in connection with the 2013 Combined Sewer Separation Project--Bluff City Boulevard Phase I. The professional services agreement was approved and executed by the City on February 27, 2013. One of the tasks under the agreement required preparing a combined sewer separation strategy and a phasing plan that will help achieve the City Long Term Control Plan (LTCP)commitments to IEPA for Combined Sewer Overflow reductions (CSO)to Fox River. The intent of the phasing plan was to identify priority projects which will achieve the highest return on investment and will be a logical terminus for any given phase, while achieving the desired benefit of CSO reduction. Another task under the agreement required preparing contract plans and specifications for the first phase of the project for 2014 construction. The City had allocated approximately$2.5M as a budget for construction costs for each phase. The professional engineering services agreement was also therefore based on the level of effort required to develop contract plans and specifications for Phase I of the Bluff City Boulevard Basin. During the development of the combined sewer separation strategy and phasing plan, several discoveries were made alongside discussions with the staff regarding the comprehensive combined sewer separation strategy. For example,the existing combined sewer west of Raymond Street and located on Elgin Corrugated Box site is failing and upon further review, cannot be used for continued use without risks and potential for failure. This is the main outlet for the Bluff City Basin Boulevard and requires to be addressed as part of the Phase I combined sewer separation strategy. Secondly, as part of the LTCP, the separated sanitary sewer was originally proposed to be connected into the Fox River Water Reclamation District(FRWRD) sewer system along Raymond Street just south of Bluff City Boulevard. Upon further discussions and coordination with FRWRD,the connection point originally proposed may not have the needed capacity to handle the increased flows to this system. Discussions are underway with FRWRD to extend the connection point further south extending the limits of the project. This connection is pending further investigations such as flow monitoring and hydraulic modeling to assess system capacity and its ability to convey increased flows without surcharge. Finally, in order to provide the greatest reduction in the combined sewer overflow frequency,the project limits also have to be extended further upstream along the Bluff City Boulevard and then further north to the intersection of Illinois Avenue and Dwight Street. The approximate construction costs for the Phase I project limits is$3.8M. Since the increased costs of the construction phase (as a result of the increase in the project limits)require additional professional engineering services and were not anticipated nor included in the original scope, a contract amendment is required. The additional scope of services or amendment#1 is provided below. All other terms and conditions of the original scope of services including deliverables, items not included in the Agreement for Professional Engineering Services-Amendment#1 Combined Sewer Separation Project—Bluff City Boulevard Phase HR Green Job Number 86120532 September 27,2013 Page 2 of 2 scope, etc.will remain in place, unless otherwise noted. Hydraulic Study/Basin Separation Strategy Services The scope includes additional coordination with the City and FRWRD, additional modeling of the proposed sewer system, including interpretation and review of the flow monitoring data to be provide by the FRWRD. The basin separation strategy previously completed and presented to the City will be updated and included in the final report along with revised exhibit and budgetary cost estimates. The scope also includes addressing significant discrepancies in the existing model provided by the City and revising the drainage areas utilized in the model into sub-areas for wet weather conditions modeling. Finally, the scope includes additional modeling and coordination with the City in reviewing the options to maintain and/or replace the existing combined sewer on the Elgin Corrugated Box site including preparing exhibits and cost estimates. Design, Contract Plans and Specifications and Bidding Services The increased construction costs budget(from $2.5M anticipated in the original scope to$3.8M proposed for the phase I project) requires additional engineering services. The following additional scope of services, for the tasks previously identified in the original contract, are included in the amendment: Task 1 —Kickoff Meeting Scope of Work: No additional services are anticipated for kickoff meeting as a result of the change of scope. Task 2-Topographic Survey Scope of Work: Due to extended project limits, additional topographic services are required within the Bluff City Basin including survey of utilities to verify, perform hydraulic modeling on and connect with the FRWRD existing sewers along Raymond Street. Additional survey is also required on the Elgin Corrugated Box site for the design and extension of the proposed storm sewer. Finally additional topographic survey is required along Russell Street for the water main improvements. The topographic survey for the project will be performed using RTK GPS and robotic total stations referenced to the Illinois State Plane Coordinate System -- East Zone (NAD83). The topographic survey will be completed in AutoCAD Civil 3D format. Task 3-Sewer Televising and Inspections Scope of Work: Due to the extended project limits, additional televising of the existing combined sewer system is required for verification of its structural condition for continued use. Scope will include review of the sewer televising video to determine existing conditions, connection locations, and identify locations in need of point repair and CIPP lining. HR Green will prepare a list of corrective actions by sewer reaches and coordinate the same with the City Utility Division and Public Works. The point repairs and CIPP lining required within the project limits will be incorporated into the Contract Plans and Engineer's Opinion of Probable Construction Costs. Approximately 2,000 feet of additional sewer televising is included in the scope. Agreement for Professional Engineering Services-Amendment#1 Combined Sewer Separation Project—Bluff City Boulevard Phase I HR Green Job Number 86120532 September 27,2013 Page 3 of 2 Task 4- Field Investigations (Smoke and Dve Testina): Scope of Work: Due to the extended project limits, additional field investigations are anticipated and are being included in the amendment#1 scope. HR Green will subcontract with a qualified company to perform smoke and dye testing of the Phase I project area for determination of sources of Infiltration and Inflow (Ill) and potential sewer systems or drain tiles unknown to the City. Results from the smoke testing will be used to determine if further dye testing and home inspections will be required. A survey of all homes connected to the combined sewer (to be converted to separate sanitary sewer) will be conducted to identify improper connections. The results of the testing will be discussed with the City to determine what actions need to be included in either code enforcement or incorporated in the design plans. Task 5-Geotechnical Investigations Scope of Work: Due to the extended project limits, additional geotechnical services are anticipated and are being included in the amendment#1 scope. These included up to two (2) additional soil borings, ten-foot (10') deep within the Bluff City Basin and up to three (3) additional borings soil borings, approximately forty-feet (40') deep on the Elgin Corrugated Box site due to deep storm sewer proposed in this area. A total of five (5) additional soil borings are proposed in contract amendment#1. Task 6- Contract Plans and Specifications Scope of Work: Due to extended project limits, additional design services are required to prepare additional contract plan sheets, specifications and bid documents to City Standards to insure the proper bidding and award of a construction project sufficient to build the sewer separation project for the Phase I project limits. The amended scope of services is based upon an anticipated revised construction budget of approximately $3.8M (approximately $1.3M over the original contract construction budget). The specific scope for the contract plan services including deliverable is in accordance with the original contract with the following exception: a. Plans, Specification and Bid Documents: Up to a maximum of one (1) bid alternate will also be prepared for the contract plans and specifications. The base bid will include extending the proposed sanitary sewer to the FRWRD sewer system south along Raymond Street. However, if this connection is not feasible, a bid alternate will be prepared for award, which will include extension of the proposed sanitary sewer on the Elgin Corrugated Box site. The original scope also only included minor water main extensions and/or upsizing within the project limits. The City has now requested that the water main along Bluff City Boulevard and also Russell Street between Raymond Street and St. Charles Street be replaced. Task 7-Public Informational Meeting Scope of Work: Due to extended project limits, additional coordination and exhibits are required for public informational meeting to include the impacts to overall project limits. HR Green will work with City staff to schedule one (1) public informational meeting for the Agreement for Professional Engineering Services-Amendment#1 Combined Sewer Separation Project—Bluff City Boulevard Phase I HR Green Job Number 86120532 September 27,2013 Page 4 of 2 project at an appropriate design stage. HR Green's Project Manager and Design Engineer will attend the public meeting to solicit feedback and to answer any questions pertaining to impacts to affected properties, project duration and other pertinent items. The location for the public informational meeting will be identified and organized by the City. Task 8—Proaress Meetings Scope of Work: No additional services are anticipated for kickoff meeting as a result of the change of scope. Task 9- Permits Scope of Work: Due to extended project limits, additional permitting coordination and permit documents are required for additional utility work, including water main replacement permit. HR Green will prepare the permit applications and necessary supporting documents for the above referenced permits that will be required for the project. Scope will include permit coordination with the regulatory agencies. Task 10-Bid Award and Assistance Scope of Work: Due to extended project limits and one additional bid alternate, additional scope of services is required to prepare for bid award and to answer questions raised by potential bidders and issue any addenda, if necessary. Task 11 —Engineer's Opinion of Probable Construction Costs Scope of Work: Due to extended project limits, and additional improvements as a result, additional work is required for preparing estimate of quantities and an Engineer's Opinion of Probable Construction Cost (EOPCC). An EOPCC will be prepared for City review with each stage of the submittal at the 30%, 60%, and 90% so that the project stays within the City's construction budget. If any adjustments are needed in the design plans including limits of construction adjustments, these discussions can occur early in the process. A final EOPCC will be provided with the final plans and specifications and prior to bid letting. Task 12—Proiect Administration Scope of Work: Due to extended project schedule and extension of schedule, additional project management is required for the duration of the project. This task will include management of the project scope, schedule and budget including maintaining project documentation binder. A monthly progress report will be provided to the City detailing activities completed in the prior month and activities anticipated to be completed or undertaken in the following reporting period. The monthly progress report will include project status in accordance with a revised schedule established for this project and as included in Attachment B. Task 13- Funding Scope of Work: No additional services are anticipated for kickoff meeting as a result of the change of scope. ATTACHMENT D-1 PROPOSED PROJECT SCHEDULE CITY OF ELGIN 2013 COMBINED SEWER SEPARATION PROJECT-BLUFF CITY BOULEVARD BASIN ©Adustmodelln:dIsero•-nei-as• ref the exisdn:conditions :9:tif s "J /w■w////■/■■w■w■//■t//■w//■/■MEIN■/w■/MEIN■■■■/w/w/MINE INII MEN■MIN■EM■■E/EMMEMEMEME■MIN■■■■■M■■■MM■EME■M■E■MENU■M■MEMEME■ ©FRWRD.•.rdlnation and additional modelin:• rflow ■MEI■■M■■M■■E■MM■■■M■MMMM� �� :. � E MMMMMMME■■MMMMMMM■ M� EMM■■■M■■M■■MM■M/■E■EMMEM■/E■EMM■MINMEMM■E■EMM■■E■EMEM■■MME■■ ©E:nconu: ed box eoordlrutlon and alternative ana M■pis±.4..az h;;�„..�.�•as„, ,.....”."':'' �' :'€.r,. ,�'L',E..,.,'Z .`.'s N.' .4., :. ir"ti ME/■E■■■EMEM■w/M■■ EE' MMM■MM■M■ENE■■■■■MEEEEMMM■INEE■EM■M■MEEEMMMM■■■E■■■EE■M■MEM■■ DIM Prot ,aEEw/w/■E.i,: r .'._ .kk' .x bi.M;-.,.;i�;. .,te.',., ;ill: . 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EM■MM■MMMEMMM M■■■MM■MM■■wEMMM■■MMM■MMM■■ 1■UMMIN■■MEMEMMMMEM EM ■/MIN■MIN■■■M■MMMM■MM■EE EME■■E■u•M■EEEMEEM■EMMEEEEEEEMM■■SEEM 131114ZT - IM■MMM■■■M■MEMMMMMM■■M■MM■■EM■■EEME't=&M UM "" ■MMMMMMMME wE iEMMMM■EE MMM■■MINw■MM/■■M■■MMM■■/EMMMMMMEME■M■MMMMM■EEEEEMMMEM an ■■M■■■■■■MMEMM■■■M■■M■M■MMEMME■EMMMEMMI 5•\EMMM NO 'EEM■EMME■M■■ME ME■■EM■■EMMMMM■MMEMM■E■M■MMMMMMMMiEMEEEE/EMMEM Q7 ■■MMEMM■■MM■ME■E■■■■EMM■■■M■■■■EMM/MM■■MMME■MMEEEMMEEEF7\M■■ MI IMM■■MMM■EMME■M■MME/■■■MMM■EM MMMMMEMMM■EMMEM■MMMEEEEEMMMM■EME EMI En themes o•inlon of Probable Construction Costs EOPCC SEE■EM■■■MME■EMM■M■■E■EMM■EMM■M■■MMMEM -_'" V MENIMMIll MI ■ME INMMMMMEMMINM■MMMMMMMEMMMMMMM■M■■■MMM■MEME■M■wME■IN■MMINEMMMM QM Pro IMMMMMMMMM■•■■EMM EMU MEEVEI ,iiifigNiii' -,Na'R- MM■M INN ■■■■■■■MM■MEME/■/■■■E■EEM■■■MMMM■MINMMMMMMEM■M■EEMEMEMM■■■MMM ATTACHMENT C Route: *Firm's approved rates on file with IDOT's Local Agency: City of Elgin Bureau of Accounting&Auditing: (Municipality) Section No. Overhead Rate(OH) 177.40% Project: Complexity Factor(R) 0.00 Job No. Completion Date 8/1/2016 Cost Plus Fixed Fee Methods of Compensation: Fixed Fee 1 X 14.5%[DL+R(DL)+OH(DL)+IHDC] Fixed Fee 2 ^14.5%[(2.3+R)DL+IHDC] Specific Rate _ Lump Sum _ Cost Estimate of Consultant's Services in Dollars Services by In-House Element of Work Employee Man- Payroll Payroll Overhead Fixed Fee Classification Hours Rate Costs(DL) (OH*DL) Others Direct Costs (FF) Total (SBO) (IHDC) Project Start Up 96 $39.68 $3,809.28 $6,757.66 $1,532.21 $12,099.15 Construction Observation 4247 $35.82 $152,127.54 $269,874.26 $17,228.00 $26,357.50 $65,012.10 $530,599.39 Meetings (See 336 $64.88 $21,799.68 $38,672.63 $8,768.49 $69,240.80 Administration Exhibit C) 228 $59.35 $13,531.80 $24,005.41 $5,442.90 $42,980.11 Project Closeout 132 $36.15 $4,771.80 $8,465.17 $1,919.36 $15,156.33 Design Services 0 $0.00 $0.00 $0.00 $0.00 $28,440.00 Totals 5039 _ $196,040.10 $347,775.14 $17,228.00 $26,357.50 $82,675.05 $698,515.78 ATTACHMENT C-CONT'D Average Hourly Project Rates Route Section County Consultant HR Green,Inc. Date 03/20/15 Job No. PTB/Item Sheet 1 OF 1 Total Project Rates Project Start Up Construction Observation Meetings Administration Project Closeout Payroll Average Payroll Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Principal $70.00 180 3.57% 2.50 8 8.33% 5.83 168 73.68% 51.58 4 3.03% 2.12 Senior Construction Engineer $64.88 464 9.21% 5.97 8 8.33% 5.41 112 2.64% 1.71 336 100.00% 64.88 8 6.06% 3.93 Construction Engineer II $37.21 2756 54.69% 20.35 40 41.67% 15.50 2676 63.01% 23.45 40 30.30% 11.28 Construction Technician II $31.06 1579 31.34% 9.73 40 41.67% 12.94 1459 34.35% 10.67 80 60.61% 18.82 Administrative Office Manager $29.55 60 1.19% 0.35 60 26.32% 7.78 TOTALS 5039 100% $38.91 96 100% $39.68 4247 100% $35.82 336 _ 100% $64.88 228 100% $59.35 132 100% $36.15 ATTACHMENT C-CONTD Direct Costs Project Start Up In-House Direct Costs Mileage 5 days x $65.000 per day= $325.00 1 half day x $32.500 per day= $32.50 Sub-Total $357.50 Construction Observation In-House Direct Costs Vehicle Use 400 days x $65.000 per day= $26,000.00 Sub-Total $26,000.00 Total Mileage Direct Cost $26,357.50 Services by Others-Geotechnical Subconsultant Rubino Engineering $17,228.00 Sub-Total $17,228.00 Total Services by Others $17,228.00 ATTACHMENT E Scope of Services - Construction Phase 2013 Combined Sewer Separation Project— Bluff City Boulevard Phase I June 5, 2015 HR Green, Inc. anticipates this project to begin approximately July 6, 2015 and will be completed August 1, 2016. There are approximately fifty-six (56) weeks during this construction period. The man-hours required for construction engineering were based upon the time required for start up, construction observation, progress meetings, administration/coordination and project close out. It is anticipated that the contractor will complete the project by the contract specified deadline. Any additional work due to an extended schedule dictated by the contractor's performance or unanticipated work due to site conditions shall warrant a contract addendum. The following is a breakdown of the various tasks associated with the construction administration and inspection services which will be completed by HR Green, Inc.: Construction Administration and Inspection Services A. Start Up HR Green will complete a preconstruction video of the proposed construction area to document the existing conditions prior to the start of construction. HR Green will also utilize this time to prepare its filing system to contract documentation standards and incorporate project specific information into construction management software for project tracking and management. The project startup also allows HR Green construction personnel time to review the plans and specification prior to the start of the project, attend preconstruction meeting with the contractor, City of Elgin and Fox River Water Reclamation District. HR Green will coordinate with the City of Elgin to ensure notification requirements and coordination with other governmental entities, stakeholders, and City's 311 contact center. HR Green will mark, measure and document contract removal payment items prior to the contractor starting work. HR Green anticipates a Construction Technician and Construction Engineer will be onsite for a total of approximately eighty (80) hours to complete the above noted coordination and construction preparation. Time has also been included for the Senior Construction Engineer and Project Manager to attend the preconstruction meeting and provide technical guidance during this phase of the project. A total of ninety six (96) hours have been allotted to complete the project start up task. B. Construction Observation HR Green will provide full-time Construction Observation Services on a time and material, not-to-exceed contract amount basis. HR Green will be on-site to observe Attachment E Scope of Services-Construction Phase Page 2 of 3 and verify that items being constructed and materials being utilized are in general conformance with the approved plans and specifications. HR Green will complete Inspector's Daily Reports (IDRs) and a daily diary, measure and document contract quantities, complete payment estimates, change orders, and weekly reports. Weekly reports will be submitted to the contractor, and the City of Elgin. HR Green will verify that all materials incorporated into this project are materials that are in general conformance with the approved plans and specifications. HR Green shall keep the City of Elgin informed as to the progress of construction. HR Green will provide erosion and sedimentation control observation services on a weekly basis and after a rainfall of W or more or 6" or more of snow. HR Green will document each observation and will direct the contractor to repair and/or replace deficient erosion and sediment control measures. HR Green anticipates that a Construction Engineer will be on site observing construction and completing necessary documentation for ten (10) hours per day or fifty (50) hours per week for fifty six (56) weeks with adjustment made for holidays and winter months. A total of two-thousand, six-hundred and seventy-six (2,676) hours are allotted for a Construction Engineer. In addition to a full-time Construction Engineer, a Construction Technician is planned for forty (40) hours per week for twelve (12) weeks, sixteen (16) hours to twenty five (25) hours per week for twenty three (23) weeks. A total of one-thousand, four-hundred fifty-nine (1,459) hours are allotted for a Construction Technician. A Senior Construction Engineer is planned for two (2) hours per week for fifty-six (56) weeks to provide technical guidance to construction staff. A total of four-thousand, two-hundred and forty-seven (4,247) hours have been allotted for field construction observation for this project. During the course of the construction, HR Green Construction Engineer will also coordinate and provide notification of temporary shut-off and driveway/road closure, etc. to all affected stakeholders within the project area including affected residents, businesses, schools, and will also coordinate such notifications with the City's Project Manager and 311 contact center as needed. C. Progress Meetings HR Green will attend the weekly construction progress meetings with the City of Elgin, the contractor and subcontractors. HR Green anticipates that there will be fifty six (56) progress meetings on site with the contractor and the City. A total of three hundred thirty six (336) hours have been allotted for the Senior Construction Engineer to attend the construction progress meetings, to complete construction meeting agendas, construction meeting minutes and administrative support to review and finalize construction progress meeting agendas and meeting minutes. The meeting time for Construction Engineer is already allocated in the weekly construction hour budget under Construction Observation. D. Administration/Coordination This task will involve the oversight of the project by the Project Manager and will include the on-going review of the project execution, documentation, schedule and Attachment E Scope of Services-Construction Phase Page 3 of 3 budget, contract file management, and general correspondence between HR Green, the City of Elgin, the contractor, and subcontractors. HR Green has allotted two- hundred twenty eight (228) hours for the Project Manager and Administrative Support Staff for the project. E. Project Close Out HR Green anticipates approximately one hundred twenty eight (128) hours for completing the project closeout and final documentation for this project. This task includes the preparation of final job records in accordance with contract requirements. All quantity measurements and calculations will be checked and cross referenced, evidence of material inspection will be finalized, and field books and records will be indexed and boxed for final submittal. Design Services Amendment A. Design Services During the design services phase of the project, several additional tasks were necessary as being required for the project. The following services were required: • Revise design to eliminate the sanitary sewer along Raymond Street and re- route it to FRWRD site. • Coordinate the proposed routing of the sewer on FRWRD site prior to design. This included preparing necessary exhibits for City and FRWRD coordination. • Design and permit coordination for two (2) temporary traffic signals as requested by the Illinois Department of Transportation (IDOT). • Additional geotechnical borings and sampling for the extended project limits. Per previous coordination with the City, an additional budget of$28,440 was requested and allocated for the additional design services. Disclaimer HR Green shall not supervise, direct or have any control over the contractor's work. HR Green shall not have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the contractor. Also, HR Green is not responsible for the contractor's safety precautions or programs in connection with this work. These rights and responsibilities are solely those of the contractor. HR Green shall not be responsible for any acts or omissions of the contractor, subcontractor or any entity performing any portion or the work, or any agents or employees of any of them. HR Green does not guarantee the performance of the contractor and shall not be responsible for the contractor's failure to perform its work in accordance with the contract drawings and documents.