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15-29
Resolution No. 15-29 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PHASE II ENGINEERING SERVICES IN CONNECTION WITH THE CHICAGO STREET SURFACE TRANSPORTATION PROGRAM (STP) PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. for Phase II engineering services in connection with the Chicago Street Surface Transportation Program(STP)Project,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 25, 2015 Adopted: February 25, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 25th day of February, 2015, by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY") and Engineering Enterprises, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Phase II Design Engineering for the Chicago Street STP Project (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 City Engineer of the CITY, herein after referred to as the"CITY ENGINEER". B. The ENGINEER shall provide Phase II Engineering Services for the Preparation of Plans,Specifications,Construction Cost Estimates and Land Acquisition Services for the Federal-Aid Improvement of Chicago Street from Center Street to Liberty Street as well as the design of an outfall storm sewer on Geneva Street and Fulton Street. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under. 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 CITY ENGINEER 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 CITY ENGINEER;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 in accordance with the ENGINEER'S Standard Schedule of Charges dated January 1,2014,(Attachment D) for employees working on this PROJECT, with the total fee not to exceed $548,253.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY ENGINEER. B. For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 0%.Such outside services include,but are not limited to services to be provided by Land Acquisitions,Inc.and Huff and Huff, and the costs of all such outside services are included within the above-referenced total fee not to exceed amount of$548,253.00. C. Other components of the fee shall include the obtaining of Title Commitments and Sanitary Sewer Televising that will be invoiced to the CITY without mark-up. All costs for such other components are included in the above-referenced total fee not to exceed amount of$548,253.00. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the CITY ENGINEER. - 2 - Payment Schedule DATE ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE %COMPLETE OF WORK COMPLETE VALUE 2/28/2015 5% $ 27,412.65 $ 27,412.65 3/31/2015 5% $ 54,825.30 $ 27,412.65 4/30/2015 10% $ 109,650.60 $ 54,825.30 5/31/2015 12.5% $ 178,182.23 $ 68,531.63 6/30/2015 12.5% $ 246,713.86 $ 68,531.63 7/31/2015 5% $ 274,126.51 $ 27,412.65 8/31/2015 7.5% $ 315,245.48 $ 41,118.97 9/30/2015 7.5% $ 356,364.45 $ 41,118.97 10/31/2015 10% $ 411,189.75 $ 54,825.30 11/30/2015 10% $ 466,015.05 $ 54,825.30 12/31/2015 5% $ 493,427.70 $ 27,412.65 1/31/2016 5% $ 520,840.35 $ 27,412.65 2/28/2016 2.5% $ 534,546.68 $ 13,706.33 3/31/2016 2.5% $ 548,253.00 $ 13,706.32 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 5,shall be deemed concluded - 3 - 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 CITY ENGINEER relative to a claim submitted by the ENGINEER,all work required under this Agreement as determined by the CITY ENGINEER shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the 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 he entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the 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,defend 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, - 4 - employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CTTY's choosing. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, CITY ENGINEER, 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 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 CITY ENGINEER 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 CITY ENGINEER. 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 CITY ENGINEER as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the CITY ENGINEER. - 5 - 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 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. -6 - 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and 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. 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 CITY ENGINEER, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the CITY ENGINEER 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. - 7 - 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 5/33E 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; 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 1LCS 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 26511 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the CITY ENGINEER and to other participants which may affect cost or time of completion,shall be made or confirmed in writing. The CITY ENGINEER may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. - 8 - 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: Joseph Evers City Engineer City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. As to ENGINEER: Thomas W. Talsma Vice President Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 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. -9 - 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 By: 44,,,,,v4, 04,0,44 City Manager Name/Print: Thomas W. Talsma Title: Vice President Attest: Jbl,t6A41- &te--.6 City Clerk - 10 - Attachment A PHASE II ENGINEERING SERVICES FOR THE PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES AND LAND ACQUISITION SERVICES 1. OVERALL 1. General: The Phase II Engineer(hereinafter referred to as Design Engineer) will serve as the City of Elgin's representative for the entire design and administration of the planning for the project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Design Engineer shall include implementation of City policies,program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the Plans, Specifications and Estimates (PS&E) in accordance with the City's objectives of cost,time and quality. The design shall be in accordance with the Illinois Department of Transportation guidelines contained in the Bureau of Local Roads and Streets(BLRS)manual and the approved Project Development Report(PDR). Phase I Engineering is still on-going and the PDR has not been finalized. The Design Engineer will work closely with and report to the City Engineer or his designee. It shall be understood that the Design Engineer will act as a representative of the City Engineer on this project and shall coordinate with other City entities such as the Legal Department, City Clerk,Purchasing Director, Water Director, Sewer Director and Street Director. The Design Engineer shall be responsible for acting as a representative of the City Engineer on this project in regards to Federal, State and County issues as well. 2. Law: The Design Engineer is expected to understand all State, County and City Laws governing the implementation of his planning document. 2. DESIGN 1. Design: a. Project Location: The project location is shown on Exhibit A. The project generally consists of the reconstruction of Chicago Street from Center Street to Liberty Street in the City of Elgin, IL. Also included in the project is the design of an outfall storm sewer on Geneva Street and Fulton Street. Off-site storm sewer on Warwick Place, Rugby Place and DuPage Street will not be included as a part of this project; however, storm sewer on Chicago Street will be upsized to include these future facilities. b. Project Kickoff: • Establish lines of communication. • Present a work plan for the project including schedule milestones, design criteria and a list of information needed from the City to begin design. • Phase II Kick-off Meeting at the District One Office of the Illinois Department of Transportation(will be scheduled once PDR is approved). c. Inspection of Project Location: The Design Engineer shall provide general site inspection of the project area and confirm the project scope as shown in the PDR. d. Pre-Final Engineering: The Design Engineer shall prepare Pre-Final Engineering documents for review by IDOT,City of Elgin and Permitting agencies. Typical Pre-Final Engineering Plans include: • Cover Sheet • Index of Sheets,Listing of applicable Highway Standards, General Notes • Summary of Quantities • Typical Sections • Schedule of Quantities • Alignment, Ties and Benchmarks • Roadway Plan and Profile Sheets • Maintenance of Traffic (Construction staging and/or detour plans) • Erosion Control and Protection Plan • Storm Sewer Plan and Profile • Water Main and Sanitary Plan and Profile • Intersection Details • Pavement Marking, Signing and Lighting Plans • Traffic Signal Plans(new signals at Charming and Gifford only) • IDOT District One Details • Special Construction Details • Cross Sections Other Items Needed for IDOT Processing Include: • Special Provisions o Index and Check Sheets o Project Specific Special Provisions o District One Special Provisions o Bureau of Design and Environment Provisions o Bureau of Local Roads and Streets Special Provisions o Storm Water Pollution Prevention Plan(SWPPP) o Preliminary Site Investigation(PSI)Analytical Results • Estimate of Cost • Estimate of Time • Lump Sum Breakdowns • Proprietary Item Request Letter(if required) e. Additional Work Items: The Design Engineer shall also perform the following tasks: • Preliminary Site Investigation(PSI) - To be performed by Huff& Huff Incorporated • Permitting submittals - City Storm water,NOI,IEPA Water main and IEPA Sanitary Sewer • Utility Coordination—The Design Engineer has previously made contact with each utility during the Phase I. The Design Engineer shall coordinate with all public utility companies including verification of the soundness of their structures and any potential relocations/delays. f. Final Engineering: The Design Engineer shall perform the following tasks: • Revise Pre-Final engineering documents based on comments received from IDOT Permitting agencies. • Disposition of Comments • Prepare Local Agency Agreement for Federal Participation • Complete Final PS&E in accordance with IDOT standards g. Documents: This project utilizes Federal Funds and will be let by IDOT on a State Letting. The Design Engineer will submit all necessary paperwork to complete the Phase 2 Submittals in accordance with IDOT requirements. All plans, forms and estimates will be prepared utilizing IDOT format. h. Scheduling: For this agreement, the Design Engineer has developed an estimated schedule for steps from execution of this agreement to estimated letting. The schedule shall be updated at a miniumum of every four weeks and submitted to the City Engineer or his designee, or other intervals as necessary upon completion or adjustment of specific project milestones. The Design Engineer has included estimated allotments for review time by other governing agencies;these variable review times are outside the limits of control of the Design Engineer and will impact the overall schedule. At this time the final PDR has not been approved by IDOT. Certain items such as negotiations cannot begin until the final PDR is approved. i. Surveying: The Design Engineer has previously provided a topographic survey of the project as necessary for the Project Development Report. No allowance has been made for additional survey. j.Agency coordination: At a minimum,the Design Engineer shall schedule meetings with the City and any other interested agency, at about the midway point in their plan and specification development to insure they are meeting the expectations of the City. A second meeting shall be held with the City at approximately 95% completion to finalize the bid, specifications and planning documents. 3. LAND ACQUISITION SERVICES The Design Engineer shall provide land surveying services to prepare a Plat of Highways and associated legal descriptions and to perform waiver appraisals, parcel negotiations and certification documentation for fifty three (53)temporary easements. The services to be provided by the Design Engineer are as follows: 1. Obtain and provide all necessary title commitments. 2. Make field surveys to determine existing property lines and visible improvements within the properties. 3. Prepare a legal description for each parcel to be acquired. 4. Prepare a Plat of Highways in accordance with Illinois Department of Transportation(IDOT)requirements showing the required acquisitions. 5. Field stake the required right-of-way takes in accordance with IDOT requirements. 6. Coordination and consultation in relation to waiver appraisals and negotiations. Waiver appraisals, parcel negotiations and certification documentation will be performed by Land Acquisitions, Inc. (LAI) as a sub-consultant to the Design Engineer. It is anticipated that the 53 parcels on the proposed project will fall within IDOT's Waiver of Appraisal Policy. The services to be provided by LAI are dependent on the ultimate method used to obtain the easements. The services required for obtaining the easements are dependent on the following: • If the easement is not donated and the impact to the existing property is minimal as defined by IDOT, appraisal waivers and negotiations will be required. • If the easement is donated by the property owner and LAI will negotiate with the property owners,negotiations and certification documentation will be required. • If the easement is donated by the property owner but the City provides all property owner contact and negotiations with the property owners, only certification documentation will be required. It is assumed for the upper level of this agreement that parcels will not be donated and LAI will provide waiver appraisals, negotiations and certification documentation for all parcels. 4. EXCLUSIONS The following items are not included in this contract. These items can be completed under a separate contract at an additional cost if necessary: 1. Additional scope items identified by IDOT during the final approval of the PDR. 2. Landscape Design. 3. Additional topographic survey for design. 4. Public Coordination or Public Meetings. 5. Titles,plats, legal descriptions, appraisal waivers and negotiations beyond those identified within the scope(currently assuming 53 parcels). 6. Additional revisions and submittals after approved Final plans, due to delays in funding or land acquisition. 7. This project utilizes Federal Funds and will be let by IDOT on a State Letting. No bid services are included in the project beyond supplying the PS&E to IDOT for use in the State letting. 8. Constructions services of any kind. Attachment B-Project Schedule Chicago Street Phase II-Center Street to Liberty Street Professional Engineering Services Agreement City of Elgin Englese orinq Kane and Cook Counties Eeetsrprhsms. I°°- MONTH 2015 2015 Task Description Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June July 'Environmental Clearances and Approval •Open House Public Hearing Final PDR and Request Design Approval •Phase I Design Approval Phase Ii A. eement O = ' Control/Guar Assurance Notice to Proceed/P = Start-U. Phase II Design IDOT Coordination Pre-Final PS&E Submittal IDOT Review Final PS&E Submittal Phase III Construction Engr&Joint Agreements Plats and Legal Descriptions Appraisal Waivers Negotiations ROW Certification IDOT Review&Approval Project Letting Award Award&Contracting Preconstruction Meeting Construction Begins - - Quality Control/Quality Assurances Engineering- Key Dates Contracting Proposal Agency Review ROW Acquisition- Construction 'Phase I Task ATTACHMENT C n ESTIMATED OF LEVEL OF EFFORT AND ASSOCIATED COST J!� PROFESSIONAL ENGINEERING SERVICES-PHASE II ENGINEERING ELGIN CHICAGO STREET PHASE II-CENTER STREET TO LIBERTY STREET THE CITY IN , CITY OF ELGIN.KANE AND COUNTY COUNTIES.IUJNOIS ENTRY: V6O• INNG SURVEYING GRAFTER AgIN. - WORK - PRINCIPAL SENIOR SENIOR SENIOR ITEM COST YIOMC PROJECT ROLE: S1 PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PER ITEM CHARGE MANAGER ENDIEIP ENGINEER MANAGER `SURVEYOR I TECHNICIAN MANAGER TECINCIAN ADAM. SUMLL ITEM NO. WORK If*M HOURLY RATE: $176 SIN $113 $121 $166 $133 $111 $115 $133 NO Phi,SF I 2.1 GENERAL PLANS-NOTES.TYPICAL SECTIONS.ETC. 2 6 60 45, 113 $ 14,527 2.2 ROADWAY PLAN AND PROFILE 6 94 94 196 $ 25,116 2.3 STAGING AND DETOUR PLAN 8_ 16 24 24_ 72 $ 9.464 2.4 E-•SION CONTROL AND SWPPP 8 24 16 48 $ 6.272 2-5 DRAINAGE DESIGN 48 84 - 28 140 $ 18,908 2.6 STORM SEWER PLAN AND PROFILE . 40 64 72 178 $ 23,520 2.7 WATER MAIN PLAN AND PROFILE 8, 20 38 34 100 $ 13,020 2.8 SANITARY SEWER TELEVISING REVIEW ANQ COORDINATION 1 2 8 11 $ 1.389 2.9 SANITARY SEWER PLAN AND PROFILE 8 20 38 34 100. $ 13,020 2,10 INTERSECTION DETAILS 4 24 18 44, $ 5.852 2.11 LANDSCAPING,SIGNAGE,PAVEMENT MARKINGS 4 18 16_ 38 $ 4.884 2.12 LIGHTING COORDINATION(NON KM 8 16 16 40 $ 5.304 2.13 TRAFFIC SIGNAL PLANS 46 96 96 240 $ 31,624 2.14 DETAILS AND STANDARDS 4 16 8 28 $ 3.620 2.15 CROSS SECTIONS 32 2.18 SPECIFICATIONS 8 60 — 64 160 $ 28,5 86 $ 8,500 0 2.17 PERMTTTMG _ 32 32 $ 4.960 2.16 QUANTITIES AND ESTIMATES OF COST 8 98 12 116 $ 14,452 2.19 PRINTING/TYPING/ASSEMBLY 8 16 24 $ 2,344 2.20 QUALITY CONTROL/QUALITY ASSURANCE 24 24 48 S 7,944 2.21 DISPOSITIONS AND REVISIONS 8 16 18 40 $ 5.304 2.22 MEETINGS 12 12 12 36 $ 5,424 2.23 LAND ACQUESITTON COORDINATION 32 16 48 $ 6.896 2.24 PROJECT ADMINISTRATION 50 50 $ 7.750 • $ SUB TOTAL is MO 6$ 565. SN 16 1 26:1 110 LAriD Af,UIII'.i I I()N".1_HVi-FS 7.1 PLAT OF HIGHWAYS AND LEGAL DESCRIPTIONS 16 192 554 762 $ 105.922 $ . SUB TOTAL 16 162_ 564 - 753. $ 105$22.. PROJECT TOTAL: m 426 58 648 192 S54 599 16 2.728 367.032 DIRECT EXPENSES LAOaR$UIIIIARV Title Commitnents= $ 10.8000 E0000/000E41•00101= $ 182,643 Updated Titles and Reaming= $ 6.690 Surveying Expense.• $ 103.442 AsPraisal Waivers&Nodwi.nqu(LdAI)• 5 145,750 Drafting Expenses• $ 79.667 PSI(Hu8 a Hul6• $ 10,181 Administrative Expenses• $ 1,280 Lipting(CerdopenClark). $ 2,0000, TOT/LLAMA EXPENSES• $ 507,$02 Sanitary Sewer Televising= $ 5,800 DIRECT EXPENNES• $ If1,311 TOTAL EXPENSES• $ 548,253 Attachment D x 3,' ' Y ` b.. x Saa � r`^ " krre � k 1 0mH„ ' ��' t"�; JN Y f fl,Lc YEAR S • z I EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $176.00 Principal E-3 $176.00 Senior Project Manager E-2 $170.00 Project Manager E-1 $155.00 Senior Project Engineer/Planner/Surveyor II P-6 $142.00 Senior Project Engineer/Planner/Surveyor I P-5 $133.00 Project Engineer/Planner/Surveyor P-4 $121.00 Senior Engineer/Planner/Surveyor P-3 $111.00 Engineer/Planner/Surveyor P-2 $102.00 Associate Engineer/Planner/Surveyor P-1 $ 91.00 Senior Project Technician II T-6 $133.00 Senior Project Technician I T-5 $121.00 Project Technician T-4 $111.00 Senior Technician T-3 $102.00 Technician T-2 $ 91.00 Associate Technician T-1 $ 80.00 Administrative Assistant A-3 $ 80.00 CREW RATES,VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $145.00 2 Man Field Crew with Standard Survey Equipment $226.00 1 Man Field Crew with RTS or GPS* $179.00 2 Man Field Crew with RTS or GPS* $260.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White) $1.00/Sq.Ft.(Color) *RTS=Robotic Total Station/GPS=Global Positioning System 52 Wheeler Ro<icd, (Akidr G'ov..=., IL 60554 ,I 0) 466-c;/00 tel (530; 40()-();n1 t<ix — ^n.( Iehcom 1Li )ii Scope of Services Land Acquisitions, Inc. (LAI) will provide acquisition / negotiations program which will include acquisition-related services as part of a Road Reconstruction project. The following summary outlines these individual steps that must be accomplished by LAI on behalf the CLIENT. Once authorization to proceed is received, LAI will utilize the following steps and perform the following functions to achieve success in the proposed project: I. PROJECT MANAGEMENT CONFERENCE A. Prior to beginning work assignments, Land Acquisitions, Inc. (LAI) and the CLIENT will review the general requirements of each of the work elements such as appraisal approaches and negotiation procedures for the project. B. The organization and classifications of LAI personnel will be discussed, identifying primary contacts in each organization for the purpose of reporting progress, presenting inquiries, and the resolution of problems, which may surface during the acquisition process. The project work plan submitted herein will be discussed. C. Determination of the LAI project staff, (if different than those identified herein) to be assigned to the project, will be made. Appropriate individual resumes will be subsequently submitted to the CLIENT for review and approval. II. PUBLIC INFORMATION A. A letter describing the project and introducing LAI as the Agent for the CLIENT will be prepared by LAI, subject to CLIENT approval, and will be mailed by LAI to all affected property owners. This correspondence, prepared on behalf of the CLIENT, will clearly identify the LAI personnel whom the landowners can contact with questions related to the project and also for information concerning negotiations that will be conducted relative to the acquisition of portions of their respective properties. B. Public meetings will be held in locations convenient to the landowners, as directed by the CLIENT and project needs. Additional meetings may be conducted to keep landowners informed of work progress and for the dissemination of general project information. WI ; II Scope of Services III. APPRAISALS AND ESTIMATES OF JUST COMPENSATION OF THE PROPERTIES BEING ACQUIRED. A. Appraisal reports will be prepared independently of any other appraiser employed under a similar contract. B. The Appraiser will not furnish a copy of any appraisal or the findings or results contained therein to any other person or agency unless authorized by the Client. C. Appraisal reports will be fully documented as required by Federal, State and Local statutes and shall conform to the Standards for Appraisals as required by the Federal Highway Administration and the Illinois Department of Transportation. D. It is anticipated that the 53 parcels on the proposed project will fall within IDOT's Waiver of Appraisal Policy. IV. APPRAISAL REVIEWS (If required) A. A qualified reviewing appraiser shall examine all appraisals to assure that they meet applicable appraisal requirements. B. When necessary, the reviewing appraiser shall obtain necessary corrections or revisions to the subject appraisals. C. The reviewing appraiser shall make a recommendation of a single conclusion of value. V. NEGOTIATIONS TO SECURE THE REQUIRED REAL ESTATE A. Negotiation procedures will conform to Public Laws 91-646 and 49 CFR, Part 24 and all applicable State statutes. B. The LAI Negotiator will provide respective landowners with factual information concerning the project at the preliminary acquisition interview. During subsequent negotiations, the owner will be supplied the project- related data necessary to fit into the knowledge he has previously acquired to assist in making an effective, positive decision concerning the project and the requested taking. C. Following CLIENT approval the Negotiator will provide the landowner a written offering price letter. When presented, the offer of compensation is stated in a brief and straight-forward manner. LL ! 1II Scope of Services D. Upon landowner acceptance of the offering price, releases, waivers of appraisal, deeds and any other pertinent conveyance documents are executed for each parcel. Once executed, the documents are transmitted to the CLIENT for review and approval. Payment for the acquisition will generally be made within 25 days of the date of deed delivery. E. In the event of a negative reaction to the offer, the Agent will document the specific landowner objections and assure the landowner that more detailed information will be made available. Settlements for amounts greater than the approved offering price may be recommended to CLIENT at this stage of the negotiation process and shall be subject to CLIENT's prior approval. F. LAI will procure the necessary releases, conveyances, etc. to secure the estate sought by the CLIENT. VI. DOCUMENTS SECURE THE REQUIRED REAL ESTATE (DONATION PARCEL) A. LAI shall prepare and secure signatures on all required documents to convey title by donation. However, LAI shall not be required to provide direct negotiations with property owners. B. The LAI Negotiator will provide respective landowners with factual information concerning the project at the initial meeting. During subsequent negotiations, the owner will be supplied the project-related data necessary to fit into the knowledge he has previously acquired to assist in making an effective, positive decision concerning the project and the requested taking. D. Upon landowner agreement, releases, deeds and any other pertinent conveyance documents are executed for each parcel. Once executed, the documents are transmitted to the CLIENT for review and approval. F. LAI will procure the necessary releases, conveyances, etc. to secure the estate sought by the CLIENT. I.U1 io ii Fee Summary Item Type Quantity Rate Total Appraisal Waivers Waiver 53 Each $ 650.00 $ 34,450.00 Appraisals Short Form 0 Each $ 2,400.00 $ - Appraisal Reviews Parcel 0 Each $ 1,200.00 $ - Negotiations/Donations By LAI Parcel 53 Each $ 2,100.00 $ 111,300.00 Negotiations/Donations By City Parcel 0 Each $ 1,400.00 $ - Title Commitment Business 0 Each $ 500.00 $ - Title Update Personal Property 0 Each $ 125.00 $ - Total Estimated Cost $ 145,750.00 1. This estimate is based upon the assumption of 53 parcels to be acquired. The actual contract amount will be based upon the actual number of parcels to be acquired multiplied by the unit rates shown above. 2. Fees stated herein does not include condemnation services nor expert witness services. If such services are required, they shall be billed at the rate of $150.00 per hour and shall constitute extra work above and beyond the scope of this CONTRACT. 3. Fees for title insurance policies, recording fees and mortgage release fees shall be billed at cost. These amounts are not included in,nor subject to,the Contract Maximum set forth above. 4. Fees for services shall be billed at LAI customary hourly rates. All expenses shall be billed at actual cost. The total aggregate billings shall not exceed the unit rates set forth above. 5. All prices stated herein assume authorization to proceed being issued no later than 08/01/2015. Should the actual date the authorization to proceed is issued after 08/01/15, we reserve the right to renegotiate the stated fees. - < I I I h 915 Harger Road,Suite 330 Oak Brook,IL 60523 Phone(630)684-9100 environmental engineers Fax(630)684-9120 and consultants Website:http://huffnhuff.conn December 11, 2014 Mr.Timothy V. Weidner, P.E. Project Manager Engineering Enterprises,Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 Re: Environmental Services Chicago Street Reconstruction Project City of Elgin,Kane County,Illinois Proposal No.81.PT00161.15 Dear Mr. Weidner: Huff&Huff, Inc. (Consultant) is pleased to submit this proposal to Engineering Enterprises, Inc. (Client) to perform a Preliminary Site Investigation (PSI) for the proposed reconstruction of Chicago Street from Center Street to Liberty Street in Elgin,Illinois. A previous Preliminary Environmental Site Assessment (PESA) identified four (4) potentially impacted properties (PIPs) along the project corridor. All four PIPs were clustered near the western project terminus, between Center Street and Geneva Street. Based upon the findings of the PESA, soil sampling will conducted in this area, with laboratory analysis specific to the contaminants of concern associated with the identified PIPs. To account for off-site soil spoils disposal at a clean construction and demolition debris(CCDD) facility, the LPC-663 Form documentation is included based on results of the PSI. In addition, since the PESA determined the PIPs were clustered with subsequent PSI activities occurring in relation to the PIPs, additional consideration for the non-PIP portion of the project corridor is accounted for with soil sampling for pH only to determine compliance with CCDD facility acceptance. If results of laboratory analysis indicate areas that are unacceptable for CCDD disposal, these areas and depth stipulations will be identified as exclusion zones within the CCDD documentation. Collection of soil samples for landfill permitting is not included as part of this scope and would typically be included as special provisions/pay items within the bidding documents.. This proposal presents our project understanding and the scope of services. Chicago Street,Kane County Page 2 Proposal No.:81.PT00161.15 1. SCOPE OF SERVICES Task 1 -Preliminary Site Investigation(PSI) Consultant has used information from the PESA to provide background information for the PSI sampling scope. The PESA identified four(4) PIPs within approximately 500 feet of the project corridor. Based on available information, five (5) soil borings with sample collection are planned to address environmental concerns related to the identified PIPs. The borings are planned for advancement to depths ranging from approximately 4 to 15 feet bgs, depending on the proposed improvement. Up to an additional three (3) soil boarings are planned for the non-PIP areas with sample collection and pI-1 analysis only.All eight(8)borings are planned for a single day of field effort. Traffic control according to IDOT standards and specifications to ensure safety of the drilling personnel and the public will be implemented due to the limited roadway shoulder along Chicago Street. Permitting fees for roadway access are not anticipated. A. Analytical Boring locations where petroleum products or other volatile organic compounds represent the primary concern, samples will be field screened with a photoionization detector (PID). The number of samples to be analyzed for constituents are based upon the findings of the PESA, including: • Volatile Organic Compounds - 1 sample • Polynuclear Aromatic Compounds (PNAs)-up to 5 samples • Benzene,Toluene,Ethylbenzene,and Xylenes(BTEX)with MTBE- up to 4 samples • Total and SPLP/TCLP RCRA Heavy Metals,various-up to 2 samples • pH—Up to 10 samples for CCDD certification C. PSI Report Preparation and CCDD Determination A report summarizing the results of the soil sample collection activities and analytical results will be prepared. This proposal also includes time for preparing the PE certification needed for CCDD under the new IEPA regulations. For these tasks, the scope of work includes time necessary to manage the project, including scheduling and coordination with the prime consultant, drillers, and environmental laboratories. Task 2—OA/OC Time under this task is provided to conduct project QA/QC for reports and various documentation. I I:\Proposal\Proposal 141Tra»sportation\EEI\Chicago Street PSI'EEI Chicago Street PSI.doc Chicago Street,Kanc County Page 3 Proposal No.: 81.PT00161.15 2. LEVEL OF EFFORT It is assumed that the driller can access the boring locations. Costs related to permits and access have not been included;however, a single day of drilling and traffic control has been included in the estimate to account for locations that may still require analysis. It is anticipated that all soil cuttings will be returned to the boring from which it originated. No disposal of waste material is anticipated from proposed soil borings. The estimated costs are attached. 3. SCHEDULE The rate of completion of the PSI activities is dependent on timing for construction. The PSI is planned for completion within 12 weeks from the start of the contract, assuming traffic control and necessary permits are obtained. Please indicate acceptance of this agreement by returning a signed copy of this agreement or a purchase order incorporating the terms of the agreement. We appreciate the opportunity to work with you and look forward to a successful completion of the project. If you have any questions concerning our proposed scope of services or fees,please contact us. 4. TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES ©2008 by GZA GeoEnvironmcntal,Inc. Engineering Enterprises,Inc.: Proposal No 81.PT00161.15: Site:Chicago Street Elgin—PSI and CCDD These Terms and Conditions,together with Consultant's Proposal,make up the Agreement between with Consultant, Engineering Enterprises,Inc.,named above. 1. Services. H&H will perform the services set forth in its Proposal and any amendments or change orders authorized by you. Any request or direction from you that would require extra work or additional time for performance or would result in an increase in H&H's costs will be the subject of a negotiated amendment or change order. 2. Standard of Care. H&H will perform the services with the degree of skill and care ordinarily exercised by qualified professionals performing the same type of services at the same time under similar conditions in the same or similar locality. NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE,IS MADE OR INTENDED BY H&H'S PROPOSAL OR BY ANY OF H&H'S ORAL OR WRITTEN REPORTS. 3. Payment. a. Except as otherwise stated in the Proposal,you will compensate H&H for the services at the rates set forth in the applicable Proposal,amendment or change order;reimburse its expenses,which will include a communication fee calculated as a percentage of labor invoiced;and pay any sales or similar taxes thereon. b. Any retainer specified in H&H's Proposal shall be due prior to the start of services and will be applied to the final invoice for services. c. H&H will submit invoices periodically,and payment will be due within 60 days from invoice date. Overdue payments will bear interest at 1%2 percent per month or,if lower,the maximum lawful rate. H&H may terminate its services upon 10 days'written notice anytime your payment is overdue on this or any other project and you will pay for all services through termination, plus termination costs. You will reimburse H&H's costs of collecting overdue invoices,including reasonable attorneys'fees. 4. Your Responsibilities. H:\Proposal\Proposal 14\Transportation\EEI\Chicago Street PSI\EEI Chicago Street PSI Revised.doe Chicago Street,Kane County Page 4 Proposal No.: 81.PT00161.15 a. Except as otherwise agreed, you will secure the approvals, permits, licenses and consents necessary for performance of the services. If you are the owner or operator of the Site, you will provide H&H with all documents, plans, information concerning underground structures (including but not limited to utilities, conduits, pipes, and tanks), information related to hazardous materials or other environmental or geotechnical conditions at the site and other information that may be pertinent to the services or, if you are not the owner or operator of the Site, you agree to make reasonable efforts to obtain these same documents and provide them to H&H. Unless otherwise indicated in writing, H&H will be entitled to rely on documents and information you provide. b. If you use the services of a construction contractor at the Site,you agree to use best and reasonable efforts to include in your agreement(s)with the construction contractor provisions obligating the latter: (i) to indemnify, defend and hold harmless, to the fullest extent permitted by law, you and H&H, its officers, employees and principals, for or on account of any claims, liabilities, costs and expenses, including attorneys' fees, arising out of or relating to the design or implementation of construction means, methods, procedures, techniques, and sequences of construction, including safety precautions or programs,of the contractor,or any of its subcontractors or any engineer engaged by it; (ii) to name you and H&H as additional insureds under general liability and builder's risk insurance coverages maintained by the contractor,or any of its subcontractors;and (iii) to require that all of its subcontractors agree and be bound to the obligations set forth in(i) and (ii) above. c. In the event that you are unable to secure such provisions in the agreement(s) with the construction contractor, you shall promptly notify H&H and H&H shall have the opportunity to negotiate with you reasonable substitute risk allocation and insurance indemnities and protections. 5. Right of Entry. You grant H&H and its subcontractor(s)permission to enter the site to perform the services. If you do not own the site,you represent and warrant that the owner has granted permission for H&H to enter the site and perform the services;you will provide reasonable verification on request;and you will indemnify H&H for any claims by the site owner related to alleged trespass by H&H or its subcontractors. 6. Reliance. The services, information, and other data furnished by you shall be at your expense, and H&H may rely upon all information and data that you furnish,including the accuracy and completeness thereof. You acknowledge that the quality of the services provided by H&H is directly related to the accuracy and completeness of the information and data that you furnish to H&H. H&H's REPORTS ARE PREPARED FOR AND MADE AVAILABLE FOR YOUR SOLE USE. YOU ACKNOWLEDGE AND AGREE THAT USE OF OR RELIANCE UPON THE REPORT OR THE FINDINGS IN THE REPORT BY ANY OTHER PARTY, OR FOR ANY OTHER PROJECT OR PURPOSE, SHALL BE AT YOUR OR SUCH OTHER PARTY'S SOLE RISK AND WITHOUT ANY LIABILITY TO H&H. 7. H&H Professionals. H&H employees or consultants may act as licensed, certified or registered professionals (including but not limited to Professional Engineers, Licensed Site or Environmental Professionals, or Certified Industrial Hygienists, collectively referred to in this section as "H&H Professionals")whose duties may include the rendering of independent professional opinions. You acknowledge that a federal, state or local agency or other third party may audit the services of H&H or other contractor/consultant(s), which audit may require additional services, even though H&H and such H&H Professionals have each performed such services in accordance with the standard of care set forth herein.You agree to compensate H&H for all services performed in response to such an audit,or to meet additional requirements resulting from such an audit, at the rates set forth in the applicable Proposal, amendment or change order. 8. Hazardous Materials;H&H"Not a Generator". Before any hazardous or contaminated materials are removed from the site,you will sign manifests naming you as the generator of the waste(or, if you are not the generator,you will arrange for the generator to sign). You will select the treatment or disposal facility to which any waste is taken. H&H will not be the generator or owner of,nor will it possess,take title to,or assume legal liability for any hazardous or contaminated materials at or removed from the site. H&H will not have responsibility for or control of the site or of H'\Proposal\Proposal I4\Transportation\EEI\Chicago Street PSI\EEI Chicago Street PSI.doc Chicago Street,Kane County Page 5 Proposal No.:81.PT00161.15 operations or activities at the site other than its own. H&H will not undertake, arrange for or control the handling, treatment, storage, removal, shipment, transportation or disposal of any hazardous or contaminated materials at or removed from the site, other than any laboratory samples it collects or tests.You agree to defend,indemnify and hold H&H harmless for any costs or liability incurred by H&H in defense of or in payment for any legal actions in which it is alleged that H&H is the owner,generator,treater,storer or disposer of hazardous waste. 9. Limits on H&H's Responsibility. H&H will not be responsible for the acts or omissions of contractors or others at the site,except for its own subcontractors and employees. H&H will not supervise,direct or assume control over or the authority to stop any contractor's work, nor shall H&H's professional activities or the presence of H&H or its employees and subcontractors be construed to imply that H&H has authority over or responsibility for the means, methods, techniques,sequences or procedures of construction, for work site health or safety precautions or programs, or for any failure of contractors to comply with contracts, plans, specifications or laws. Any opinions by H&H of probable costs of labor,materials,equipment or services to be furnished by others are strictly estimates and are not a guarantee that actual costs will be consistent with the estimates. 10. Changed Conditions. a. You recognize the uncertainties relating to the furnishing of professional services, which often require a phased or exploratory approach, with the need for additional services becoming apparent during the initial services. You also recognize that actual conditions encountered may vary significantly from those anticipated,that laws and regulations are subject to change,and that the requirements of regulatory authorities are often unpredictable. b. If changed or unanticipated conditions or delays make additional services necessary or result in additional costs or time for performance,H&H will notify you and the parties will negotiate appropriate changes to the scope of services,compensation and schedule. c. If no agreement can be reached, H&H will be entitled to terminate its services and to be equitably compensated for the services already performed.H&H will not be responsible for delays or failures to perform due to weather, labor disputes, intervention by or inability to get approvals from public authorities, acts or omissions on your part or any other causes beyond H&H's reasonable control,and you will compensate H&H for any resulting increase in its costs. 11. Documents and Information. All documents,data,calculations and work papers prepared or furnished by H&H are instruments of service and will remain H&H's property. Designs,reports,data and other work product delivered to you are for your use only, for the limited purposes disclosed to H&H. Any delayed use, use at another site, use on another project,or use by a third party will be at the user's sole risk,and without any liability to H&H.Any technology, methodology or technical information learned or developed by H&H will remain its property.Provided H&H is not in default under this Agreement, H&H's designs will not be used to complete this project by others, except by written agreement relating to use,liability and compensation. 12. Electronic Media. In accepting and utilizing any drawings, reports and data on any form of electronic media generated by H&H, you covenant and agree that all such electronic files are instruments of service of H&H, who shall be deemed the author,and shall retain all common law,statutory law and other rights,including copyrights. In the event of a conflict between the signed documents prepared by H&H and electronic files,the signed documents shall govern. You agree not to reuse these electronic files, in whole or in part, for any purpose or project other than the project that is the subject of this Agreement. Any transfer of these electronic files to others or reuse or modifications to such files by you without the prior written consent of H&H will be at the user's sole risk and without any liability to H&H. 13. Confidentiality;Subpoenas. Information about this Agreement and H&H's services and information you provide to H&H regarding your business and the site, other than information available to the public and information acquired from third parties,will be maintained in confidence and will not be disclosed to others without your consent,except as H&H reasonably believes is necessary:(a)to perform its services;(b)to comply with professional standards to protect public health, safety and the environment; and(c)to comply with laws and court orders. H&H will make reasonable efforts to give you prior notice of any disclosure under(b)or(c)above. You will reimburse H&H for responding to any subpoena or governmental inquiry or audit related to the services,at the rates set forth in the applicable Proposal, amendment or change order. H:\Proposa(\i'roposal 14\Transportation\I EI\Chicago Street PSI\EF,i Chicago Sheet PSI doe Chicago Street,Kane County Page 6 Proposal No.: 81.PT00161.15 14. Insurance. During performance of the services,H&H will maintain workers compensation,commercial general liability,automobile liability, and professional liability insurance.H&H will furnish you certificates of such insurance on request. 15. Indemnification. You agree to hold harmless, indemnify,and defend H&H and its affiliates and subcontractors and their employees, officers, directors and agents (collectively referred to in this paragraph as "H&H") against all claims,suits,fines and penalties,including mandated cleanup costs and attorneys'fees and other costs of settlement and defense,which claims,suits,fines,penalties or costs arise out of or are related to this Agreement or the services,except to the extent they are caused by H&H's negligence or willful misconduct. 16. Limitation of Remedies. a. Any claim will be deemed waived unless received by H&H within five years of substantial completion of the services. b. H&H will not be liable for lost profits, loss of use of property, delays, or other special, indirect, incidental, consequential,punitive,exemplary or multiple damages. c. H&H will not be liable to you or the site owner for injuries or deaths suffered by H&1-1's or its subcontractors' employees. d. You will look solely to H&H for your remedy for any claim arising out of or relating to this Agreement, including any claim arising out of or relating to alleged negligence or errors or omissions of any H&H principal, officer,employee or agent. 17. Disputes. a. All disputes between you and H&H shall be subject to non-binding mediation. b. Either party may demand mediation by serving a written notice stating the essential nature of the dispute,the amount of time or money claimed, and requiring that the matter be mediated within forty-five(45)days of service of notice. c. The mediation shall be administered by the American Arbitration Association in accordance with its most recent Construction Mediation Rules,or by such other person or organization as the parties may agree upon. d. No action or suit may be commenced unless mediation has occurred but did not resolve the dispute,or unless a statute of limitation period would expire if suit were not filed prior to such forty-five(45)days after service of notice. 18. Miscellaneous. a. Illinois law shall govern this Agreement. b. The above terms and conditions regarding Limitation of Remedies and Indemnification shall survive the completion of the services under this Agreement and the termination of the contract for any cause. c. Any amendment to these Terms and Conditions must be in writing and signed by both parties. d. Having received these Terms and Conditions,your oral authorization to commence services,your actions, or your use of the Report or Work Product constitutes your acceptance of them. e. This Agreement supersedes any contract terms,purchase orders or other documents issued by you. f. Neither party may assign or transfer this Agreement or any rights or duties hereunder without the written consent of the other party. g. Your failure or the failure of your successors or assigns to receive payment or reimbursement from any other party for any reason whatsoever shall not absolve you,your successors or assigns of any obligation to pay any sum to H&H under this agreement. h. These Terms and Conditions shall govern over any inconsistent terms in H&H's Proposal. The provisions of this Agreement are severable; if any provision is unenforceable it shall be appropriately limited and given effect to the extent it is enforceable. j. The covenants and agreements contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and upon their respective successors and assigns. H:\Proposal\Proposal 141Transportation\EEI\Chicago Street PSI\EEI Chicago Street PSI Revised.doc Chicago Street,Kane County Page 7 Proposal No.:81.PT00161.15 BOTH PARTIES HERETO WARRANT AND REPRESENT that they have full right, power, and authority to execute this Contract. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first specified above, CONSULTANT CLIENT HUFF&HUFF,INC. ENGINEERING ENTERPRISES,INC. -1tt ..).71//ttl/ Signature Signature By Linda L.Huff,P.E. Typed Name Typed Name Principal in Charge Officer's Title Officer's Title December 9,2014 Date Date • H:\Proposal\Proposal 14\Transportation\EEI\Chicago Street PSI\EEI Chicago Street PS1.doc *Mots � Fixe dl Escalation Table Fixed Raises FIRM NAME Huff&Huff,Inc. DATE 12111/2014 PRIME/SUPPLEMENT EEI-Chicago St.Elgin PT13 NO. CONTRACT TERM 12 MONTHS OVERHEAD RATE 148.80% START DATE 12/1/2014 COMPLEXITY FACTOR 0 RAISE DATE 1H/2015 %OF RAISE 3.00% ESCALATION PER YEAR 1211/2014 - 1/1/2015 1/2/2015 • 12/1/2015 1 11 12 12 = 8.33% 94.42% 1.0275 The total escalation for this project would be: 2.75% BDE 025(Rev.2/08) PRINTED 12/11/2014,8:05 AM PAGE 1 161 Illinois Department of lanspo t8UOf1 Payroll Rates FIRM NAME Huff&Huff,Inc. DATE 1111###### PRIME/SUPPLEMENT EEI-Chicago St.Elgin PTB NO. ESCALATION FACTOR 2.75% CLASSIFICATION CURRENT RATE ESCALATED RATE Principal $67.70 $69.58 Senior Project Manager $57.80 $59.39 Senior Transp. Planner $39.78 $40.87 Senior Engineer III $0.00 $0.00 Senior Engineer II $37.28 $38.31 Senior Engineer I $37.16 $38.18 Senior Scientist IV $48.24 $49.57 Senior Scientist Ill $37.17 $38.19 Senior Scientist II $29.78 $30.60 Senior Scientist I $0.00 $0.00 Senior Geologist I $35.44 $38.41 Transportation Planner $0.00 $0.00 Project Engineer II $34.92 $35.88 Project Engineer I $27.76 $28.52 Project Scientist I $21.01 $21.59 Project Geologist I $20.12 $20.67 Staff Planner $29.40 $30.21 Senior CADD I $38.60 $39.86 CADD II $28.24 $29.02 CADD I $17.52 $18.00 Admin. Manager I $33.88 $34.81 Administrative IV $23.20 $23.84 Administrative III $0.00 $0.00 Administrative II $20.60 $21.17 Administrative I $0.00 $0.00 Interns $15.00 $15.41 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BDE 025(Rev.2/06) PRINTED 12/11/2014,8:05 AM PAGE 2 0 linois Department Cost Estimate of of Transportation Consultant Services (CPFF) Firm Huff&Huff. Inc. Date 12/11/2014 Route Chicago Street Section Center to S. Liberty Overhead Rate 148.80% County Kane Job No. Complexity Factor 0 PTB&Item Overhead In-House Outside Services %of Item Manhours Payroll & Direct Fixed Direct By Total Grand Fringe Benefits Costs Fee Costs Others Total PSI 43 1,405.70 2,091.68 85.65 519.54 1,670.00 4,000.00 9,772.58 95.99% QA/QC 3 142.39 211.88 2.60 51.75 0.00 0.00 408.61 4.01% TOTALS 46 1,548.09 2,303.56 88.25 571.29 1.670.00 4,000.00 10,181.19 100.00% Method of Compensation: Cost Plus Fixed Fee 1 ® 14.5%[DL+R(DL)+OH(DL)+ IHDC] Cost Plus Fixed Fee 2 [] 14.5%[DL+R(DL)+ 1.4(DL)+IHDC] Cost Plus Fixed Fee 3 0 14.5%[(2.3+ R)DL+IHDC] Specific Rate El Lump Sum PRINTED 12/11/2014, 8:05 AM Page 3 BDE 025 (Rev.2/06) O !Mob Department of ltartsportation Average Hourly Project Rates Route Chicago Street Section Center to S.Liberty County Kane Consultant Huff&Huff,Inc. Data 12/11/2014 Job No. PTBAtem Sheet 1 OF 1 Payroll Avg Total Project Rates PSI clAsoc Hourly 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 69.56 1 2.17% 1.51 1 33.33% 23.19 Senior Project Manager 59.39 0 Senior Transp.Planner 40.87 0 Senior Engineer III 0 Senior Engineer II 38.31 0 Senior Engineer I 38.18 0 Senior Scientist IV 49.57 0 Senior Scientist III 38.19 0 Senior Scientist II 30.60 _ 0 Senior Scientist I 0 ,_ Senior Geologist I 36.41 7 15.22% 5.54 5 11.63% 4.23 2 66.87% 24.28 Transportation Planner 0 _ Project Engineer Il 35.88 20 43.48% 15.60 20 46.51% 16.69 Project Engineer I 28.52 12 26.09% 7.44 12 27.91% 7.96 Project Scientist I 21.59 0 Project Geologist I 20.67 0 Staff Planner 30.21 0 + Senior CADD I 39.66 0 CADD II 29.02 4 8.70% 2.52 4 9.30% 2.70 CADD I ' 18.00 0 _ Admin.Manager I 34.81 0 Administrative IV 23.84 2 4.35% 1.04 2 4.65% 1.11 Administrative III 0 Administrative II 21.17 0 Administrative I 0 . Interns 15.41 0 0 0 0 0 TOTALS 46 100% $33.65 43 100% $32.69 3 100% $47.46 0 0% $0.00 0 0% $0.00 0 0% $0.00 ROE 025(Rev.2/06) PRINTED 12/11/2014,8:05 AM PAGE 4 HUFF & HUFF, INC. SUMMARY OF INHOUSE DIRECT COSTS Project: EEI Chicago Street Elgin PSI CCDD DIRECT Task 1 -PSI Trips-Company 60 miles x 2 x $ 0.56 = $ 67.20 Reproduction 3 sets x 150 x $ 0.03 = $ 13.50 Color copies 3 sets x 15 x $ 0.11 = $ 4.95 0 x $ - = $ - Task Total $ 85.65 Task 2- QA/QC Trips -Company 0 miles x 0 x $ 0.56 = $ - Reproduction 2 sets x 25 x $ 0.03 = $ 1.50 Color copies 2 sets x 5 x $ 0.11 = $ 1.10 0 x $ - = $ - Task Total $ 2.60 GRAND TOTAL $ 88.25 F:1Proposal-20141EEP EEI Chicago St Elgin PSI CCDD IDOT Direct Cost Template CPFF.xls]lnhouse Direct Costs HUFF & HUFF, INC. SUMMARY OF OUTSIDE DIRECT COSTS Project: EEI Chicago Street Elgin PSI CCDD OUTSIDE Task 1 -PSI Analytical PNA 5 x $ 105.00 = $ 525.00 Metals (total) 2 x $ 85.00 = $ 170.00 Metals (SPLP) 2 x $ 165.00 = $ 330.00 VOC 1 x $ 125.00 = $ 125.00 BTEX 4 x $ 65.00 = $ 260.00 pH 10 x $ 24.00 = $ 240.00 Federal Express 1 x $ 20.00 = $ 20.00 0 x $ - = $ - Task Total $ 1,670.00 Task 2- QA/QC 0 x $ - _ $ - Task Total $ - GRAND TOTAL S 1,670.00 F:1Proposal-2010EEI1[EEI Chicago St Elgin PSI CCDD IDOT CECS CPFF BLR,x s]COST EST HUFF & HUFF, INC. SUMMARY OF SERVICES BY OTHERS Project: EEI Chicago Street Elgin PSI CCDD OUTSIDE Task 1 - PSI Driller(day) 1 x $ 2,000.00 = $ 2,000.00 Traffic Control (day) 1 x $ 2,000.00 = $ 2,000.00 0 x $ - = $ - Task Total $ 4,000.00 Task 2- QA/QC 0 x $ - = $ - Task Total $ - GRAND TOTAL $ 4,000.00 F:1Proposal-2014\EEI\[EEI Chicago St Elgin PSI CCDD IDOT CECS CPFF BLR.xls]COST EST t v�,r• x t 0 M •T t-l. ;it * S f z -4• '4• P i 611••;E7r> �t 7-1.f• . r r ffrr.. ..{' t. .. •.. 0-r ;•. s ,•( (r� +,fir }R� t1 • vit.' sr T 1'/•l r t•i' : r!'•.._.1•N 4, ' 7. • a F ,• ". 1.4P1'tI t-- 1.,. • ,.!!!! P •r • • • f rr, Ti i T .J , S '::', re ;w "7. . " ' f --** • 5 'i. ,",** .. - i di; /lb • ,'"4 •• . r .• ,+,r p rf. • • f. srr 60 t r rrr r rr►: r • ', .r • •l-- {y'' • �' �' , •~'• Vii '.••VP;•∎ , (� .4 �r 4 i r• ;s 4-.1#4 ,�`! x411 • 4 . e �� If r ^^rr /1�• •!� ♦1' ( r r' 4 ' }�•"r �.r•f!' r� r 4t- Id• t r s•_i 4 First Congregational Church f r"' ••• t -5- r .• r? 266 E.Chicago St. i •7 '... • i {,. 1 : R Observed UST .% _ - 'A fit K u�► _ _ _ w zti"J 'v • / �''-• - f•. , � Templo CalvaMo ��• - ' � �. Y��tf �r � �;a • - '. ♦, r 1. ,, Pr: 270 E.Chicago St. L: 4.'• fi r 0 r, • 4�:• S r--- I, • *. • UST • t< _ . Kati" r iiii DIE ♦tr ' rii, . r 'i • S'Y •.• '� '•• 4, U t' ~ 1 rr j * '! t. 7 0 Chico St _� 1 B" A, Illinois Bell Telephone °'� • • •: M d •- ':` ay y r (r �R 256 E.Chicago St ?'� r If r. c.5 ..• 'A y- LUST r.r+ • '/ • �' Y,•' Si •4 .4.r.• Tt i4 • ••• :'^ �' ; Bonnie Hill V• ' 1 ■ � . 4+A• ' .. . !r r •• 269 DuPage St. w M Qs •. ' ••'' 'lu"".'"' 1,- ... M A p e .....-711PAIVosk • it v• • LUST r ► T 4te 4i•. •' — ....'i,. . -.. •• ' 3. t6 a }' ..l•, i # ,,r491, , :4., . .r.i, Jr*` `• r.'«�3 y a /AP et .•:3't �: J ..d of. a .,• - ;, Legend Huff & Huff, Inc. r` t•F ' Pro)ec,Location Figure 4-1 ' <. �.' g 0 PIP Identified PIPS Map •• •,,• ■1 • .- � k. • Proposed Boring Chicago St from ,, ','� . +;` "i M • ' Center St to Porter St r, ' • _ * *_ ♦, , Elgin,Kane County,Illinois �, 3• 4.I • 41'..J q:• �• i'` x o 1„ ,toe •,0 eoo• r . ! N a Not r. y i1.�• , _ - - d Atonal Soule;USDA-FSA•AVFO NAIP NISID Mosaic,2011 .rt CORDOGAN CLARK & ASSOCIATES, INC . ARCH TECT■ RF • L't ANr•11NG • :NTFRIO R DESIGN • ENGINEER!N(1_; • C;)NSTR■ CTION MANAGEMENT January 16, 2015 Tim Weidner Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Re: Chicago Street, Elgin, IL Dear Mr. Weidner: This is to confirm our proposal to provide a photometric study for street lighting associated with the Chicago Street development project for the City of Elgin. We will assist your design work with branch circuit and voltage drop calculations, raceway and wire sizes, pulling cubicle locations, fusing, and electrical specifications. Availability is limited the for the remainder of January, but we could commence work any time after that. We propose a allowance of $2000.00 for this work, billed hourly on a not-to-exceed basis. We hope you find this acceptable and look forward to serving you. If you have any questions, please do not hesitate to contact me. Yours Sincerely, Cordogan Clark&Associates Inc Douglas Schomer, LEED AP Electrical Designer Cc: Michael J Konopka, CCA ?cfl I i r�EW A`rFNI F. AI,R■)IT'\ V:;i - 6:1,5Uh • ,' lh NORTH 'N1I !2 S!Ri-E y, C,ACC) U NOIS 6(16.7.4 1E_ 32 '', )o 46 rc LAX 630.806 4041 IF 312 943 7302 • FAX 312 %43 4771