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Home My WebLink About9.1 Motion to approve a change order to the Rand-Central-Mount Prospect Road Phase II Design Engineering Contract in an amount not to exceed $52,539.00.Mr�GauC �'d'+rt;�iect Subject Motion to approve a change order to the Rand - Central -Mount Prospect Road Phase 11 Design Engineering Contract in an amount not to exceed $52,539.00. Meeting June 7, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact true Dollar Amount $52,539.00 Budget Source Congestion Mitigation / Air Quality Grant (federal) / Street Improvement Construction Fund (village) Category VILLAGE MANAGER'S REPORT Type Action Item Christopher B. Burke Engineering, Ltd. (CBBEL) is requesting additional money for Phase II Engineering services as part of the Rand -Central -Mount Prospect Intersection Improvements. The total amount requested is $52,539.00. The Chicago Metropolitan Agency for Planning (CMAP) has already approved additional Congestion Mitigation & Air Quality (CMAQ) funds in the amount of $42,031 to cover 80% of the request. The Village is responsible for the remaining 20%; $10,508.00. The Village Board of Trustees initially awarded CBBEL a contract for Phase II Engineering services on May 5, 2020 in an amount of $921,824.62 (separated into two Agreements) that has been paid using a combination of CMAQ, Invest in Cook, and Village funds. CBBEUs initial proposal included 4,333 work hours for completion of Phase II Engineering. Work included preparation of final engineering plans & specifications, coordination with utility companies, preparation of plats & legal descriptions for land acquisition, and land acquisition negotiations with property owners. During the course of performing Phase II Engineering services, the Village requested additional study of a crosswalk at the intersection of Rand Road & Mount Prospect 1 Road, the Illinois Department of Transportation (IDOT) required last minute traffic signal design changes, and there were significant delays by IDOT with the land acquisition process. This has resulted in an additional 374 hours of work to complete Phase II Engineering. The original contract amount ($921,824.62) and supplement amount ($52,539.00) totals $974,363.62. This represents approximately 13.9% of the current estimated construction cost of $7.0 million. Industry average for preparation of final plans & specifications of a project with similar complexity is typically 10-12% of the construction cost. In addition, with this project, there were 12 separate properties that required preparation of plats & legal descriptions, property appraisals, and negotiations with property owners for land acquisition. Overall, the cost for Phase II Engineering including the supplement is reasonable for the project scope and complexity. CBBEL is committed to completing Phase II Engineering for an amount not exceed the request for an additional $52,539.00, of which the Village will be responsible for $10,508.00. Additional Crosswalk Study IDOT required elimination of the existing crosswalk on the west leg of Rand Road & Mount Prospect Road during the Phase I Engineering Study. The Village directed CBBEL to perform further analysis to determine the feasibility and impact of keeping the crosswalk. Village staff argued keeping the crosswalk and having a complete crosswalk system at the intersection would provide the safest design for pedestrians and bicyclists. This required additional traffic modeling, traffic signal sequence of operation, and plan sheet preparation. Documentation was presented to IDOT but the request was ultimately denied. Their position is the ""all -red" traffic signal phase to accommodate the crosswalk on the west leg would result in excessive vehicular queuing and delay. The final design will include crosswalks only across the north, south and east legs of the intersection. Additional Traffic Signal Design The original design included standard LED countdown pedestrian crossing signals and push buttons to activate the signals. In November 2021, IDOT initiated a policy change that requires all new pedestrian crossing signals to include Accessible Pedestrian Signal (APS) push button assemblies. The APS push button assembly provides either an audible tone or verbal direction for visually impaired pedestrians. The Village requested an exemption as the engineering plans & specifications were nearly complete. IDOT denied the request which resulted in extensive changes to the traffic signal plans, sidewalk ramp details, pavement marking plans, and specifications. 2 The traffic signal system at Rand Road & the Walmart entrance is currently interconnected to the traffic signals at the Rand -Central -Mount Prospect intersection. The project includes a new traffic signal system at Central Road & the Mount Prospect Plaza entrance and interconnecting it to the other intersections. Recently, IDOT required a design change to extend underground conduit along Rand Road to Business Center Drive in order to interconnect the traffic signal system at this intersection as part of a future IDOT project. This last minute directive resulted in changes to the traffic signal plans and specifications. Land Acquisition Delays The land acquisition process is administered by IDOT and follows FHWA guidelines. After preparation of the plats & legal descriptions of the affected properties, detailed appraisals are performed to determine the fair value of the needed right-of-way or temporary construction easements. Certification of the appraisals are required by IDOT before beginning negotiations with property owners. IDOT delays, unfortunately, put staff behind schedule resulting in the Village missing the originally scheduled January 2022 letting. To compound the issue, the IDOT Office of Chief Council (OCC) took two months to approve the first negotiated settlement as opposed to the typical two weeks. Recognizing the project was in jeopardy of losing the entire construction season if we experienced similar delays waiting for the OCC to approve the remaining 11 settlements, the Village asked IDOT to allow the Village to obtain the remaining right-of-way in the name of Mount Prospect rather than IDOT. This would circumvent the need for OCC review and approval. The Village would then transfer the right-of-way to IDOT at a later date. IDOT reluctantly agreed to this request. Subsequently, staff and CBBEL have been successful in securing all necessary right-of-way and temporary construction easements in time for the June 17, 2022 letting. The delays, however, resulted in significant additional meetings, coordination and paperwork. Table 1 below summarizes the additional compensation request for the Rand - Central -Mount Prospect Phase II Engineering: Table 1 - Change Order Summary Item Cost Additional Crosswalk Study $16,181.00 Additional Traffic Signal Design $31,810.00 Land Acquisition Delays $4,548.00 Total $52,539.00 3 As Phase II Engineering is nearly complete, it is evident that additional engineering costs cannot be absorbed into the existing contract award necessitating a change order to compensate for additional services. The project letting date is June 17, 2022. CBBEL and Village staff are currently working with utility companies to relocate their facilities that will be in conflict with the project. Construction is anticipated to begin this fall. Work will be suspended during the winter months but will resume in the spring 2023 with completion anticipated in the fall 2023. The estimated cost of construction and construction engineering is $7,700,000. The Village has secured federal funding to cover 80% of construction and construction engineering costs ($6,160,000). The remaining 20% ($1,540,000) will be paid using Village funds Alternatives 1. Approve a $52,539.00 change order to the Rand -Central -Mount Prospect Road Phase II Engineering contract. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board authorize a change order to the contract award to Christopher B. Burke Engineering, Ltd. for the Rand -Central -Mount Prospect Intersection Phase II Engineering in the amount of $52,539.00. CMAQ funds will pay for $42,301.00 and the Village will be responsible for $10,508.00. This action will increase the project award from $921,824.62 to $974,363.62. ATTACHMENTS: Contract_IDOT Preliminary Engineering Services Agreement.pdf CBBEL Phase II Supplement.pdf Contract—CBBEL Agreement.pdf 4 .,..w... . _. Local Public Agency L ... .......... .... _ . ... ........ .. —. _, . ....... onsultant Village. of Mount Prospect L II Dem ent Christopher Chris pB. heerr B Burke Engineering O of ItansliabdationC County C 0 Address Cook .—_. ................�...-.._...___m......w....._.ww._, AN ! 9575 W., Higgins d, Suite, 600 aaaaa Section L S City A7. Q0 -Qa,.Q H .- ....... V Ros m_ont .....M._.._..._............. � �._............. _.... Project No. A Preliminary Engineering L State M1. U .....,.... —....... .....—........... Services AgreementIL Job No. E For A Zip Code Contact Name/Phone/E-mail Address N Federal Participation N ..-- Contact Name/Phone/E-mail Address Jeff Wulbecker, Village Engineer C T Stephen Sugg 847.870.5640 Y 847.823.0500 ssugg@cbbel.com j3M150f'@,.0fl,gtt. DeQUffF..—wwwww. ........ ...... _..__-.-..........................._........_..--...._.W............ _.__ .._......... .w....-.—..._......... ......... ..._.............. THIS AGREEMENT is made and entered into this 26 day of August 2020 between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT_ Federal -aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS Project Description Name Rand Rd - Central Rd - Mount Prospect Route Various Length 1.1 Mi Structure No. N/A Termini Isabella Street to Albany Lane — Mount Prospect Road to Westgate Road — Rand Road to Busse Avenue Description Improvements consist of intersection reconfiguration (including access modifications), additional channelization, traffic signal modernization, drainage improvements, sidewalk improvements, and a shared -use path along Rand Road. Agreement Provisions I. THE ENGINEER AGREES, I. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LPA for the proposed improvement herein described. 2, To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LPA or STATE. 3. To complete the services herein described within 365 calendar days from the date of the Notice to Proceed from the LPA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A_ If higher -salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser -salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5, That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7 That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA. Page 1 of 8 Printed on 8/21/2020 3:06:35 PM BLR 05610 (Rev. 05/31/19) 5 The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c, paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e, have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 11. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ® Make such soil surveys or subsurface investigations includling borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ® Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ® Prepare preliminary roadway and drainage structure plans and meet with representatives of the LPA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies, ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LPA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 8 Printed on 8/21/2020 3:06:35 PM BLR 05610 (Rev. 05/31/19) 1J II. THE LPA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ❑ CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or (� CPFF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26„ The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 5. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 ILCS 510, the Brooks Act 40USC 11, and Procurement, Management, and Administration of Engineering and Design related Services (23 CFR part 172). Exhibit C is required to be completed with this agreement. III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LPA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LPA or to the STATE, without restriction or limitation as to their use. Page 3 of 8 Printed on 8/21/2020 3:06:35 PM BLR 05610 (Rev. 05/31/19) 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LPA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other parry or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LPA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition, (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, Page 4 of 8 Printed on 8/21/2020 3:06:35 PM BLR 05610 (Rev. 05/31/19) 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 11. When the ENGINEER is requested to complete work outside the scope of the original AGREEMENT, a supplemental AGREEMENT will be required. Supplements will also be required for the addition or removal of subconsultants, direct costs, the use of previously unspecified staff, and other material changes to the original AGREEMENT. A reement Summa Prime Consultant: B. Burke En ineerin Ltd. Sub -Consultants: Huff & Huff, Inc. Mathewson Right of Wa Com Testina Service Corporation Amount 064.50 Sub -Consultant Total: $264,563.50 Prime Consultant Total: $310,676.20 Total for all Work: $575.239.70 Executed by the LPA: Village of Mount Prospect (Municipalityrrownship/Cou.ty) ATTESTS By:_..., By: _.................. w...........n. Village Clerk Clerk Title: Mayor (SEAL) Executed by the ENGINEER: ATTEST: IIIFlii i'UG(� r_ r L/Gr By: By: Title,, Notary Public Title: President I FF �II �� ► SHERRY SPORINA NOTARY PUBLIC, STATE OF ILLINOIS Comr *sloe res08/13/2023 Page 5 of 8 Printed on 8/21/2020 3:06:35 PM BLR 05610 (Rev. 05/31/19) 9 O 0 t p) C U U =� 0 00 O r 0-0 O N c 0 N 2 2 �•� 2�M c0 - d M > O L) rn T aQ L c� CL O '' p N •X (p N N L N Q C a) «gym 000 10 r U U _ p p 0 2 2 r m m U.) r D p U V 0 V- 6 00 6 2 p O O 6 In 4 O+ + + J J J M M O p �rt' + + M N O p D N 0 0 0 0 Q O` Uto � o Lq � LLaa r r r O MOFU c C MOODa_ w O o O N 0 is ' r LLQ COD .aLO!00 0 v m c o z 9 NLnrNN r N M M g O Z C N 0 0 d ti r'Y p 0 n LL LL LL LL U 0O x x x 0 W 0 C UE ii ii ii m vi 0 O) 0 N rn N �' :3 7 7 a)Q O UZ 0 _7 C) d as OV O.0 a 0 E O w -j in(L ° 2 0 0 0 0 UUUcn-i 10 r _ 0 r m m U.) r N V 0 V- 6 00 6 r O"t O O 6 In 4 O M M O MCi000r00Mf-0)00L6 N' � o ~ (O cMr(pMf-- LNC)'I(Ortn7000N NLnrNN I- L W 0 '..... b9 Efl vi EA u9 60 613 Efl EA EA 0 O 0) o �• CO J m O` M U) r- C M C) o. Mg4NN4(�i °° �N'oo0�0 M(O 69 b 9 d9 b9 EA E6A E4'64 69 O 2'- 02 0000000000 -oo0o000000 vo000o00000 - 6 61) 6 69 E03 69 69 EA 69 69 O 0 N O fit) 6. 0 O (1') 0 r� t o rn(D� z0 0�00000rnoU) CY) 0 00000 (Jj O�'000OO�NN N 69 (n 69 69 69 H)' 69 V) 69'' Y) 001 N LO M't O d1 m O 00 00 Cb y CArl- MMNrM (C1 ' > Nm(0(DI- V' CN r Q rf,� VNL0 Ln r h Cl) r 0') r N r (fl (fl 649 b9 ' J � a 04 00 04 O ' . i 0 dU NCOiof-�NC0 CY)LO04N 04 Nrn� s 69 613,61) � EA 69 H9 (A w (O r Lf) r,C) M O ' >� IC L() r M O M N 0 a°� 04 00 0 ' i i (OMv�IgU) (» v>61>60 61960-(F? w N 00 C) 00 cs 0 R mO N 0 0 0 0 0 h� X.0 N 0000000 2 r �00r�ao N r N r N _w wwww N d 0 0 m > O v 2 2 2 2 2 !'31 2 2 a> Na >>>�>>>> w( a¢QQQaQ _ V N 0 N N N 0 N U) N U co IU) U U CL ` C C_ O U U) C? O 0 C a1') M w p 0 U O OLY- (Oj � 06 � o d 06 06CL JCE 0 N E �''�.E co C/5 3 cow 0 C N C : U< cc�2� 0 C ',, O N W 0 C Cpm— G 4-: —,n 00 m� 0 �0CLX 0 0 0 U 20 7 0 (6 O .2 lCL �•C IL a 10 Exhibit B Prime Consultant Name Christopher B. Burke Eng. Address 9575 W.Higgins, Suite 600 Telephone 847.823.0500 TIN Number Project Information Local Agency Village of Mount Pros ect Section Number 17 -00166 -00 -CH Project Number KGNN 521 Job Number D-91-584-20 Engineering Payment Report (Submit with Final Invoice ) This form is to verify the amount paid to the Sub -consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub -consultant for the amount listed below. Sub -Consultant Name Huff & Huff, Inc. Mathewson Ri ht of Wa Coma Testing Service Cor oration35-0937582 TIN Number 36-3044842 20-3870734 Actual Payment from Prime ............ .......................... M Sub -Consultant Total; ............ ._.._M. ....._.._.w w_ Prime Consultant Total: Total for all Work Com leted: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. P , For information about s collection and use of confidential information review the de artment's k,,,rpt.t�yj"brrot��c9io�a1,r2j cy. Page 7 of 8 BLR 05610 (Rev. 05/31/19) Printed on 8/21/2020 3:06:35 PM 11 Local Public Agency Section Number Project Number Job Number Exhibit C Federal Qualification Based Selection (QBS) Checklist Mount Pros eot 17 -00166 -00 -CH KGNN(521) D-91-584-20 The LPA must complete Exhibit C, if federal funds are used for this engineering agreement and the value will exceed $40,000. The LPA must follow federal small purchase procedures, if federal funds are used and the engineering agreement has a value less than $40,000. ❑ Form Not Applicable (engineering services less than $40,000) 1, Do the written QBS policies and procedures discuss the initial administration (procurement, management, and administration) concerning engineering and design related consultant services? ® Yes ❑ No 2. Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06(e) of the BLRS Manual? ® Yes ❑ No If no,. IDOT's approval date: 3.. _ .. Yes ...... ... Was the sco a of services for this project clear) defined......._ ...w..ww....w _..�WN WW__........_...._._......................._._......wwww._._.....M................_w_.www._ P project Y No _ 4, Was public notice given for this project? ® Yes ❑ No Due date of submittal: 01/24/2020 Method(s) used for advertisement and dates of advertisement: 5. Do the written QBS policies and procedures cover conflicts of interest? ® Yes ❑ No 6. Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? ® Yes ❑ No 7. Do the written QBS policies and procedures discuss the method of evaluation? [:] Yes ❑ No Criteria for this project Weighting Criteria for this project Weighting Proiect Understanding 20 % Similar Project Experience 20% Pro"ect Team Ca abilities 20 % IDOT Pre qualification Status 20% Overall Completeness of Submittal 20 % % 8. Do the written QBS policies and procedures discuss the method of selection? ® Yes ❑ No Selection committee (titles) for this project: Sean Dorsey Director of Public Works Jeff WUlbecker (Village Engineer),Matt Lawrie Assistant Village En ineer Top three consultants selected for this project in order: 1) Christopher Burke Engineering Ltd. 2) Civiltech Engineering. Inc, 3) ESI Consultants Ltd If less than 3 res onses were received, IDOT's a royal date: 9., Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ® Yes ❑ No 10. Were negotiations for this project performed in accordance with federal requirements? ® Yes ❑ No 11. Were acceptable costs for this project verified? ® Yes ❑ No ❑ LPA will rely on IDOT review and approval of costs. 12. Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request for reimbursement to IDOT for further review and approval? ® Yes ❑ No 13. Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing -out a contract, record retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? ® Yes ❑ No Page 8 of 8 Printed on 8/21/2020 3:06:35 PM 8 L 05610 (Rev. 05/31/19) 12 DF -824-039 REV 12/04 PAYROLL RATES FIRM NAME Christopher B. Burke Engineering, Ltd. DATE 08/17/20 PRIME/SUPPLEMENT -_ -__....__...... ..................... .. ............ CLASSIFICATION PRINCIPAL ENGINEER VI ENGINEER V ENGINEER IV ENGINEER III ENGINEER I/II SURVEY V SURVEYIV SURVEY III SURVEY II* SURVEYI* ENGINEERING TECHNICIAN V ENGINEERING TECHNICIAN IV ENGINEERING TECHNICIAN III ENGINEERING TECHNICIAN I/II* CAD MANAGER ASST. CAD MANAGER CAD II * GIS SPECIALIST III GIS SPECIALIST I/II* LANDSCAPE ARCHITECT ENVIRONMENTAL RESOURCE SPECIALIST V ENVIRONMENTAL RESOURCE SPECIALIST IV ENVIRONMENTAL RESOURCE SPECIALIST III ENVIRONMENTAL RESOURCE SPECIALIST I/II ENVIRONMENTAL RESOURCE TECHNICIAN* ADMINISTRATIVE* ENGINEERING INTERN ESCALATION FACTOR 0.00% CURRENT RATE I PROPOSED RATE CALCULATED RATE $ 7 0.00 $67,78 $56.24 $4595 $34.03 $75.50 $67.50 $59,50 $48,50 $35.83 $66.42 $52.17 $48,13 $22,33 $63.67 $51.33 $47.25 $51.00 $34.00 $58.00 $70.00 $53,80 $41.00 $28.00 $40.00 $37.19 $16.10 PREPARED BY THE AGREEMENTS UNIT $70.00 $70.00 $67.78 $56.24 $45.95 $34.03 $75.50 $67.50 $59.50 $48.50 $35.83 $66.42 $52.17 $48.13 $22.33 $63.67 $51.33 $47.25 $51.00 $34.00 $58.00 $70.00 $53.80 $41.00 $28.00 $40.00 $37.19 $16.10 Printed 8/17/2020 9:35 AM 13 M O O N N OD LL 0 O N W a v W w a J O 2 /W V a `W a r O O 7 co C a M O N N N E9 O .y N O t+ o N 0 o LM M N W 7 ` _ F p cm > M I, rn foo Q N M o EA Qo C o a c ♦' L a N m h O N O A J a T m N c o W 12 V mf'`) - 1-1 o) a> O O = 6) N w �+cm 01 > Q M N f` 'tN N n c0 N fi�9 fA f� fJl o0 d co M .. co M c Z'+ N W O a = N OD L d Qu, N a N � o ea uL o ae a m o a u .12n o U O O m o m N O o 0 0 0 0 0 U.........'g m m o vMi....... o 0 ad a N m vi O N Ob Lo C 0 04 13 p} > M M N O c04 V O O O N 'at fn oo V, Q o N h N i2 O V fD 0 0 0 0 0 0 0 a o o w o N O o N IL 0 pMj N I`. 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Burke Eoineerin9, Ltd m� PTB NUMBER: .. TODAY'S DATE: �8M7/2020 Per Diem (per GOVERNOR'S TRAVEL CONTRO BOARD) Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD) Air Fare Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROL BOARD) Vehicle Owned or Leased Vehicle Rental Totts Parking Overtime Shift Differential Overnight Delivery/Postage/Courier Service Copies of Deliverables/Mylars (In-house) Copies of Deliverables/Mylars (Outside) Project Specific Insurance Monuments (Permanent) Photo Processing 2 -Way Radio (Survey or Phase III Only) Telephone Usage (Traffic System Monitoring Only) CADD Web Site Advertisements Public Meeting Facility Rental Public Meeting ExhibitstRenderings & Equipment Recording Fees Transcriptions (specific to project) Courthouse Fees Storm Sewer Cleaning and Televising Traffic Control and Protection Aerial Photography and Mapping Utility Exploratory Trenching Testing of Soil Samples` Lab Services' :Equipment and/or Specialized Equipment Rental' Special Provisions (B -1/2"x11") - 20 sets x 110 shts Plans (11"x17") - 25 sets x 200 shts/set Up to state rate maximum cost (Up to state rate maximum) Actual cast 1 CosO rate, actual cost, requires minimum two weeks' notice, w4h prior [DOT approval =Up to state rate maximum f $32., arlf day (4 hours or less) or $65/full day jActual cost (Up to $55/day) Actual cost Actual cost Premium portion (Submit supporting documentation) ;Actual cost (Based on firm's policy) Actual cost (Submit supporting documentation) !Actual cost (Submit supporting documentation) 'Actual cost (Submit supporting documentation) jActuab cost AcbAl cost Actuai cost Actual cost I Actual cost 'Actual cost (Max $15/hour) (Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) jActual cost (Submit supporting documentation) Aral cost (Submit supporting documentation) �Actuai cost "Actual Dost rActual cost Achial cost, (Requires 2-3 quotes with ]DOT approval) (Actual cost (Requires 2-3 quotes with IDOT approval) Actual cost (Requires 2-3 quotes with ]DOT approval) Actual cost (Requires 2-3 quotes with IDOT approval) Actual cost Actu ai cost (Provide breakdown of each cost) Actual cost (Requires 2-3 quotes with IDOT approval) jActuat Cost Actual Cost */f other allowable costs are needed and not listed, please add in the above spaces provided,. LEGEND W.0, = Work Order J.S. = Job Specific PRINTED 8/17/2020 N Direct Costs Check Sheet $0 ooO $0.,00 $000( $0.00' $0.001 $0,00 $0000 $0,00 $0,00 $0,00 $0.00 $0.00 $000! $0.00 $0.001 $0,00 $0,00i $0,00: $0,001 $0.00 $0 00 $0:00 $0.001 $0.00 KOO $0,00, $04001 $0,00 $0,00: $0.00( $0.00 $0,00{ $0,00 $0 $0.001 $0.001 $0.001 $0,001 $0,00' $0.001 $0,00( $0.001 $0,00' $0,00j $0,00' I $007 $012 $0.00j $.0 $0.001 $0,00' $0.00 $0.00 $0.00 $0,00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0,00: $0,00 $0.00 $0.00 $0.00 $DAO $0,00 $154,00 $600.00 $0,00 $0.00 $0,00 $0:00 $0.00 $000 $000 $0.00 BDE 436 (Rev,. 02/02/17) 16 Rand Rd -Central Rd -Mount Prospect Rd Improvements Phase II Engineering Services Section 17 -00166 -00 -CH SCOPE OF SERVICES Task 1 Meetings and Coordination: All project meetings will be scheduled in advance with a prepared agenda distributed to each attendee prior to the meeting. CBBEL will prepare the meeting agendas and minutes and distribute them to all attendees. CBBEL will attend one Village Board Meeting. Work also includes coordination with the Village, IDOT and private utilities. Anticipated meetings and coordination are shown in the manhour estimate. Task 2 — Contract Plans Special Provisions and Estimates: CBBEL will submit plans and special provisions to the Village at 60%, 95% and 100% levels of completion. Plans and special provisions will be submitted to IDOT-BLR at 95% and 100% levels of completion. More detailed information may be found in our manhour estimate. Task 3 Permitting: Watershed Management Permit WHIP Submittal: Since it is anticipated that the roadway improvements will not create more than one acre of new impervious area, the volume control and stormwater detention requirements of the Watershed Management Ordinance (WMO) do not apply to the proposed project. However, the proposed area of disturbance and modifications to the drainage of the combined sewer system will require a Watershed Management Permit (WMP) from MWRD. CBBEL staff will prepare the report, exhibits, and other supporting documentation as part of WMP application package. This information will also include the following permit forms: • WMO Schedule A • WMO Schedule B • WMO Schedule C • WMO Schedule D • WMO Schedule P • Summary Report • Signed and sealed engineering plans (Provided by design engineer) As a non-profit public improvement project, there will be no MWRD permit review fee associated with this project. Task 4 - Roadway L.i htin All existing lighting (poles, luminaires, foundations, conduit/wire, controller, service, etc.) will be removed and replaced with new LED lighting. New lighting at signalized intersections will be combination lighting on traffic signal mast arm poles. Existing 17 lighting not in conflict with proposed improvements will be used as temporary lighting throughout construction. Poles in conflict will be replaced with temporary lighting. The design will be in accordance with current IDOT District 1 "General Guidelines for Lighting Design, Plan Preparation, and Highway Lighting by Permit", Village Standards, and ANSI -IES RP -8-18 "American National Standard Practice for Roadway Lighting", latest editions. Preliminary Submittal Photometric Calculations CBBEL will complete temporary and proposed lighting photometric calculations to achieve the required lighting levels for the roadways and intersections. The proposed calculations will utilize the Village's preferred luminaire. The photometric calculations will be performed using the latest version of AG132 photometric software. A Preliminary lighting submittal report will be created including a project description, target lighting levels with justification, photometric calculations, and cut sheets of the proposed lighting equipment. Prefinal Submittal Detailed Electrical Desi n : Removal, temporary and proposed lighting plans/detail sheets and specifications will be prepared. The plan sheets will include the locations of the lighting units along with the controller, electric cables/raceways, and hand holes. Detail drawings will include light pole and luminaire, concrete foundation, pole handhole wiring diagram, one -line circuit diagram, handhole and conduit installation details. Detailed specifications will be prepared along with the appropriate Village/IDOT standards. The plans/details, special provisions, and opinion of probable construction cost will be prepared. This task will also include coordination with ComEd for the installation of a new electric service and removal of the existing service. Final Submittal: CBBEL will respond to review comments from the Village and IDOT, and revise design as required. r Task 7.1 Data Collection — CBBEL will review the existing plan information and conduct a field reconnaissance of the project area to inventory the existing traffic signal equipment. This existing traffic signal information will be used for the traffic signal removal plan sheets. Task 7.2 Base Sheet Preparation — CBBEL will develop the base sheets from the previously acquired survey and roadway design for the traffic signal plan sheets at a scale of 1 "=20' for the intersection sheets and a scale of 1 "=50' for the traffic signal interconnect sheets. NAPROPOSALS\ADMIN\2020\Mount Prospect Central Road Phase II Services P200015\Phase II Fee\Contract B (CMAQ Funded)\Contract B Scope of 2 Services docx 18 Task 7.3 Tem ora Traffic Signal Installation Plans — CBBEL will develop temporary installation plan sheets, temporary cable plans, temporary phase designation diagrams, temporary emergency vehicle preemption sequence, and the removal of all the existing traffic signal equipment. Additional temporary traffic signal plan sheets will be provided for each MOT stage during construction; three MOT stages are anticipated for the roadway work. Temporary Traffic Signal Plans will be prepared in accordance with relevant IDOT District One standards for the intersections of: • Rand Rd (US 12) at Mount Prospect Rd • Rand Rd (US 12) at Central Rd • Central Rd at Mount Prospect Rd • Central Rd at Southeast Plaza Ent Task 7.4 Permanent Traffic Signal Installation Plans — Traffic Signal Modernization Plans will be developed using the base sheet information from Task 1.1. The permanent traffic signal plans will follow IDOT District One design guidelines and include: traffic signal modernization plan, proposed cable plan, traffic signal phasing diagram, vehicle detection details, emergency vehicle preemption sequence, mast arm mounted street name signs, grounding details, electric service requirements, and schedule of quantities. Permanent traffic signal installation sheets will include combination lighting and will be developed for these intersections: • Rand Rd (US 12) -Central Rd -Mount Prospect Rd triangle intersection • Central Rd at Southeast Plaza Ent Task 7.5 Traffic Signal Modification Plan - Traffic Signal Modification Plans will be developed for the intersection of Rand Rd (US 12) at Walmart Entrance to relocate pedestrian signal equipment and other signal equipment in conflict with the proposed roadway work on the intersection's east approach. The plans will include removal and relocation plans, proposed modification plan, and a modified cable plan for the existing signalized intersection. Task 7.6 Temporary Traffic Signal Interconnect Plans — The plans will include temporary traffic signal interconnect for the four temporary traffic signal installations at Rand Rd (US 12) at Mount Prospect Rd, Rand Rd (US 12) at Central Rd, Central Rd at Mount Prospect Rd, Central Rd at Southeast Plaza Ent to maintain traffic control during construction activities. In addition, temporary interconnect plans will be provided along Rand Rd (US 12) between Walmart Entrance and Mount Prospect Road to maintain the existing signal coordination. Task 7.7 Permanent Traffic Si nal Interconnect Plans — CBBEL will develop permanent traffic signal interconnect plans along Rand Rd (US 12) between the Walmart Entrance and the Rand Rd (US 12) -Central Rd -Mount Prospect Rd triangle as well as along Central Rd between the Southeast Plaza Entrance and the Rand Rd (US 12) -Central Rd -Mount Prospect Rd triangle. The interconnect plans along Rand N1PROPOSAMADMIN\2020\1viount Prospect Central Road Phase i1 Services P200015\Phase II Fee\Contract B (CMAQ Funded)\Contract B Scope of 3 Services docx 19 Rd (US 12) and the Walmart Entrance will re -use as much of the existing infrastructure as possible. Task 7.8 Specifications and Estimates — Technical specifications and an engineer's opinion of probable construction cost will be prepared for each submittal. Custom special provisions will be written for the traffic signal controller and traffic signal controller cabinet to convey to the awarded contractor the required capabilities for the controller and cabinet to ensure that the traffic signal operates as intended. IDOT standard special provisions will be employed to the extent they apply. Task 7.9 Vendor Coordination — As part of the Rand Rd (US 12) -Central Rd -Mount Prospect Rd triangle intersection design process, CBBEL will coordinate with the controller vendor to determine any controller platform limitations and confirm with the vendor that the traffic signal will operate as intended. This will include a coordination meeting and preparation of any required exhibits. Task 7.19 Coordination Meetings — CBBEL will meet with IDOT, the Village, and the City of DesPlaines to coordinate the proposed traffic signal improvements, address any traffic concerns, and ensure project approval in a timely manner. Three meetings have been included in this task. Task 8 — QC/QA: Members of the CBBEL staff not familiar with the project will review all materials before they are submitted to the Village and provide recommendations to the Project Manager. The recommendations will be discussed internally and implemented, as necessary. Task 9 — Project Management & Administration: A CBBEL Principal will be responsible for the performance of all services required by the Agreement. Responsibilities include planning, organizing, and controlling resources, procedures and protocols to successfully complete the project with an emphasis on scope, schedule, quality and budget. NAPROPOSALS\ADMIN\2020\Mount Prospect Central Road Phase II Services P200015\Phase II Fee\Contract B (CMAO Funded)\Contract B Scope of 4 Services,docx 20 March 4, 2020 Mr. Steven Sugg, PE, PTOE Senior Project Manager, Civil Design Department Christopher B. Burke Engineering, Ltd. 9675 W. Higgins Road, Suite 600 Rosemont, IL 60018 via email: a cbbel,cm�;o mw Re: Phase 11 Environmental Services — US 12 (Rand Rd.) / Central Rd. / Mt. Prospect Rd. Mt. Prospect, Cook County, Illinois Proposal No. 81.PT00001.21 Dear Mr. Sugg: Huff & Huff, Inc., (H&H) a subsidiary of GZA, Inc. (Consultant) is pleased to submit this proposal to Christopher B. Burke Engineering, Ltd. (Client) to provide environmental services for the local roads portion of the proposed improvements at US 12 (Rand Road), Central Road, and Mt. Prospect Road located in Mt. Prospect, Cook County, Illinois. Client has requested completion of environmental services for the project including completion of a Preliminary site Investigation (PSI), including documentation for off-site final disposition of soils at a clean construction and demolition debris (CCDD) or uncontaminated soil fill operation (USFO) facility. Client has provided Consultant with a copy of IDOT (ISGS) PESA #3510 (May 5, 2018), the PESA Cover Letter (SIGS), and IDOT email correspondence from February 20, 2020 regarding the completed PESA, PESA Response Form, and indication that a PSI is necessary. Consultant understands that the referenced PESA Report shall be the basis for the scope of PSI scope presented int his proposal. This proposal presents our project approach, the scope of services, cost, and schedule for completing the project. 1. SCOPE OF SERVICES Task 1— Preliminary Site Investi action PSI CCDD Consultant will complete a PSI for the local roads portion of the project. Specifically, per information from Client, this includes the following: • Eastern leg of Central Avenue (US Rte 12/Rand Road to N. Westgate Road); and • S. Mt. Prospect Road (US Rte 12/Rand Road to E. Busse Avenue. The scope of the PSI is based on the findings of PESA #3510. However, based on the age of the PESA, we have included direct costs for an updated database to be included in our scope since the Bureau of Local Roads and Streets Manual indicates that PESAs are valid for 3 years but require validation after 6 months. This is important for CCDD facility disposal considerations because they require contemporary due diligence in support of the LPC -663 Form documentation required. rq« 1 Op rt.nicy Fm Byer m/F/v/H 21 March 4, 2020 Christopher B. Burke Engineering, Ltd. 81.PT00000l.2i Rand Road -Central Road -Mt. prospect Road — Mt. Prospect, Cook County, Illinois Page 12 The proposed PSI scope addresses sites identified in the ISGS PESA and also to provide full corridor coverage for consideration of disposal of project spoils. A. Soil Borings and Soil Sampling It is anticipated that one day of field effort will be required with up to 14 borings completed, assumed with the aid of traffic control services. The borings will be advanced and soil samples collected for laboratory analysis to address sites identified as RECs/PIPs and for full project coverage of non-REC/PIP for soil disposal considerations, specifically at locations identified for proposed excavation. The depths of the soil borings will be dependent upon design details to account for depths of proposed disturbance. Consultant will finalize depths of planned borings prior to mobilization consistent with project plans as provided by Client, in conjunction with PESA findings. Currently it is estimated that borings will be advanced to approximately 4 to 12 feet below ground surface. B. Analytical Laboratory analysis of soil samples is proposed to be consistent with constituents of concern (CDCs) as determined from the PESA as presented below. 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 sample with the highest PID reading in each boring will be analyzed for: Volatile Organic Compounds (up to 8 samples) —VOCs are volatile compounds found in gasoline and related to various solvents; • Polynuclear Aromatic Hydrocarbons (PNAs) (up to 14 samples) —Semi -volatile organic compounds commonly formed during incomplete combustion of organic compounds. PNAs are a subset of SVOCs and can be formed by the combustion of wood, coal, and petroleum products. They are also found in less refined, nonvolatile petroleum products and can be used to identify potential for diesel or fuel oil contamination in soil. Other field screening factors such as visual, or proximity to potential sources of known contamination to determine which samples will be analyzed to identify the presence of: RCRA Metals, total and SPLP/TCLP methods (up to 14 samples) — Federal environmental regulations identify eight (8) heavy metals as hazardous if present in a solid waste at concentrations above varying threshold concentrations. Samples will be analyzed for select RCRA Metals, some of which may require further SPLP or TCLP analysis to determine compliance with the CCDD maximum allowable concentrations (MACS) (8 samples). In addition, soil samples will be analyzed for soil pH from each boring location, analyzed with a field meter consistent with CCDD sampling requirements with select (up to 14) pH samples submitted for laboratory analysis. C. PSI Report Preparation A report summarizing the results of the soil and sediment sample collection activities and analytical results will be prepared. The report will also include a summary of the current database information compared to the prior findings contained within the ISGS PESA. This document will present information pertinent for the bidding documents regarding conditions of soils tested, handling and final disposition considerations. 22 March 4, 2020 Christopher B. Burke Engineering, Ltd. 8i.PT000001.2i Rand Road -Central Road -Mt. prospect Road — Mt. Prospect, Cook County, Illinois Page 13 D. CCDD (LPC -Form) Documentation The soil sample results will be compared to the Maximum Allowable Concentrations (MACS) associated with CCDD facility acceptance, including the soil pH range of 6.25 to 9.0. If results achieve the MAC values, H&H will prepare the LPC -663 document that will be signed/stamped by the H&H. Any locations that do not achieve the MACS (including soil pH range) will be identified as exclusion zones, not acceptable for CCDD facility disposal. Task 3 — Pro"ect Management Time under this task includes project administration and management activities that include cost and schedule tracking, coordination with Client on authorized activities, and other in-house management activities, and project closeout. Task 4 — 08LOC Time under this task includes QA/QC time for the PESA and PSI reports and CCDD documentation as described above. 2. LEVEL OF EFFORT AND SCHEDULE Costs are proposed to be on a time and materials basis and are included on the attached spreadsheets. PSI work will commence within 5 business days of project approval, with a target completion date of eight weeks from the date of approval. Please notify H&H if an expedited schedule is necessary to meet project deadlines. 3. TERMS AND CONDITIONS CONDITIONS OF ENGAGEMENT The conditions of engagement are described in the attached Terms and Conditions for Professional Services. H&H's report will be prepared on behalf of and for the exclusive use of Client. Client acknowledges and agrees that the report and the findings in the report shall not, in whole or in part, be disseminated or conveyed to any other party, or used or relied upon by any other party, in whole or in part, except forthe specific purpose and to the specific parties alluded to above, without the written consent of H&H. H&H would be pleased to discuss the conditions associated with any additional dissemination, use, or reliance by other parties. ACCEPTANCE This agreement may be accepted by signing in the appropriate space below and returning one complete copy to H&H. Issuance of a Purchase Order implicitly acknowledges acceptance of this proposal. This proposal is valid for a period of 30 days from the date of issue. We appreciate the opportunity to submit this proposal. Please feel free to contact the undersigned at (630) 684-9100 with any questions. Very truly yours, Huff & Huff, Inc. Jeremy J. Reynolds, P.G. Associate Principal Attachments: Terms and Conditions 23 March 4, 2020 Christopher B. Burke Engineering, Ltd. 81.PT000001.2i Rand Road -Central Road -Mt. prospect Road —Mt. Prospect, Cook County, Illinois Page 14 This Proposal for Services, Schedule of Fees and Terms and Conditions for Professional Services are hereby accepted and executed by a duly authorized signatory, who by execution hereof, warrants that he/she has full authority to act for, in the name, and on behalf of By Title: Printed/Typed Name: Date The Proposal for Services, Schedule of Fees and Terms and Conditions for Professional Services may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by an e-mail delivery of a document in ".pdf" format, each such signature shall create a valid and binding obligation of the party executing the document, or on whose behalf each document is executed, with the same force and effect as if each such facsimile or ".pdf" signature were an original thereof. TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES Including Site Investigation, Remediation, Geotechnical, Construction, And Testing © 2o16 by Huff & Huff, Inc., a Subsidiary of GZA GeoEnvironmental, Inc. These Terms and Conditions, together with Huff& Huff, Inc.'s (H&H's) Proposal, make up the Agreement between H&H and you, Client, named in the attached proposal. BEFORE SIGNING THE PROPOSAL, BE SURE YOU READ AND UNDERSTAND THE PARAGRAPHS ENTITLED "INDEMNIFICATION" AND "LIMITATION OF REMEDIES" WHICH DEAL WITH THE ALLOCATION OF RISK BETWEEN YOU AND H&H. i. 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. z. Standard of Care; Warranties. a. 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. b. H&H warrants that its construction services will be of good quality, free of faults and defects and in conformance with the Proposal. c. EXCEPT AS SET FORTH IN SUBSECTIONS 2a AND ib, ABOVE, 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. d. H&H assigns to you any manufacturers' warranties of equipment or materials purchased from others, to the extent they are assignable, and your sole recourse will be against the manufacturer. Full risk of loss of materials and equipment will pass to you upon delivery to the Site, and you will be responsible for insuring and otherwise protecting them against theft and damage. 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 priorto 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 zo days from invoice date. Overdue payments will bear interest at it/z percent per month or, if lower, the maximum lawful rate. H&H may terminate its services upon io days' written notice anytime your 24 March 4, 2020 Christopher B. Burke Engineering, Ltd. 81.PT0000O1.2i Rand Road -Central Road -Mt. prospect Road — Mt. Prospect, Cook County, Illinois Page IS 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. 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 manager 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 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; Site Restoration. 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. H&H will exercise reasonable care to limit damage to landscaping, paving, systems and structures at the Site that may occur and you agree to compensate H&H for any restoration it is asked to perform, unless otherwise indicated in the Proposal. 6. Underground Facilities. H&H's only responsibility under this Section will be to provide proper notification to the applicable state utility "Call -Before -You -Dig" program. You further agree to assume responsibility for and to defend, indemnify and hold harmless H&H with respect to personal injury and property damages due to H&H's interference with subterranean structures including but not limited to utilities, conduits, pipes, and tanks: (i) that are not correctly shown on any plans and information you or governmental authorities provide to H&H; or (ii) that are not correctly marked by the appropriate utility. 7. 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 tothe accuracy and completeness of the information and data thatyou 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. 8. Lab Tests and Samples. H&H is entitled to rely on the results of laboratory tests using generally accepted methodologies. H&H may dispose of samples in accordance with applicable laws 3o days after submitting test results to you unless you request in writing forthem to be returned to you orto be held longer, in which case you will compensate H&H for storage and/or shipping beyond 3o days. g. 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 25 March q, 2020 Christopher B. Burke Engineering, Ltd. 81L.PT00000l.2i Rand Road -Central Road -Mt. prospect Road — Mt. Prospect, Cook County, Illinois Page 16 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, atthe rates set forth in the applicable Proposal, amendment or change order. io. Hazardous Materials; H&H "Nota 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 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, otherthan any laboratory samples it collects ortests. 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. 12. 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, director assume control over or the authority to stop any contractor's work, nor shall H&H's professional activities nor the presence of H&H or its employees and subcontractors be construed to imply that H&H has authority over or responsibility forthe means, methods, techniques, sequences orprocedures of construction, forwork 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. 12. Changed Conditions. a. You recognizethe uncertainties related to environmental and geotechnical 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. 13. Documents and Information. All documents, data, calculations and work papers prepared orfurnished 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 ortechnical 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. 24. 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 withoutthe priorwritten consent of H&H will be atthe user's sole risk and without any liability to H&H. 3.5. 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 26 March 4, 2020 Christopher B. Burke Engineering, Ltd. 81.PT000001.2i Rand Road -Central Road -Mt. prospect Road — Mt. Prospect, Cook County, Illinois Page 17 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. Information available to the public and information acquired from third parties will not be considered confidential. 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. 3.6. Insurance. During performance of the services, H&H will maintain workers compensation, commercial general liability, automobile liability, and professional liability/contractor's pollution liability insurance. H&H will furnish you certificates of such insurance on request. 17. 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 orthe services, except to the extent they are caused by H&H's negligence or willful misconduct. 18. Limitation of Remedies. a. To the fullest extent permitted by law and notwithstanding anything else in this Agreement to the contrary, the aggregate liability of H&H and its affiliates and subcontractors and their employees, officers, directors and agents (collectively referred to in this paragraph as "H&H") for all claims arising out of this Agreement or the services is limited to s5o,000 or, if greater, so% of the compensation received by H&H underthis Agreement. b. You may elect to increase the limit of liability by paying an additional fee, such fee to be negotiated prior to the execution of this Agreement. c. Any claim will be deemed waived unless received by H&H within one year of substantial completion of the services. d. 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. e. H&H will not be liable to you orthe Site ownerfor injuries or deaths suffered by H&H's or its subcontractors' employees. f. 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. ig. 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. zo. 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 transferthis Agreement or any rights or duties hereunder without the written consent of the other party. 27 March 4, 2020 Christopher B. Burke Engineering, Ltd. 81.PT000001.2i Rand Road -Central Road -Mt. prospect Road — Mt. Prospect, Cook County, Illinois Page 18 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. i. 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. P:\FY2021\Transportation\CBBEL\Mt Prospect\81.PT00001.21 CBBEL Mt Prospect US 12 Mt Prospect E Central Local PSI.docx 28 W J m H ZN OW J vo W _X J LL n X11 W 0: W OU) V LL aLLLL W}O x�o WX W Oa 2 O U � o 0 R Z C r` co co LO O rt' U -,- °O rn w O N W N o r lf) C r N 2 R Z F- O rt' N W EL LL LU w LU Z LUoo o O LU U W co) Z Q R w Q zN U O N L) W 10 m O 0 0 a) rn m 0- a 29 PAYROLL RATES FIRM NAME Huff & Huff, Inc. DATE PRIME/SUPPLEMENT CBBEL PTB -ITEM # 0 ESCALATION FACTOR Note: Rates should be capped on the AVG I tab as necessary 0.25% Principal IDOT $7298 CLASSIFICATION PAYROLL RATES CALCULATED RATE I Associate Principal 1 ON FILE $62.79 Principal $72,80 $7298 Associate Principal 11 $75,00 $75.19 Associate Principal 1 $62,63 $62.79 Senior Consultant $69,44 $69.61 Senior Project Manager 111 $60,73 $60.88 Senior Project Manager 11 $46,64 $46.76 Senior Project Manager 1 $45,12 $45.23 Senior Landscape Architect $5174 $52.87 Senior Planning PM $51.48 $51.61 Senior Geologist PM $47.33 $47.45 Senior Tec Specialist $46,14 $46.26 Senior Scientist PM 11 $48,58 $48.70 Senior Scientist PM 1 $45,62 $45.73 Senior,rem,hnicai Scientist $44.24 $44.35 Technical Graphics Technic $23,34 $23.40 Scientist PM 11 $4185 $43.96 Engineer PM 1 $38,50 $38.60 Assistant PM Engineer 1 $35.13 $35.22 Engineer 1 $31,88 $31.96 Assistant PM Scientist $31.50 $31.58 Scientist E2 $24,62 $24.68 Administrative Managers $42.04 $42.15 Senior Administrative Assisi $29,53 $29.60 Printed 3/4/2020 10:53 AM Bureau of Design and Environment Prepared By: Consultant 03/04/20 Page 3 of 10 BDE 3608 Template (Rev. 10/19/17) 30 Bureau of Design and Environment Prepared By: Consultant Subconsultants FIRM NAME Huff & Huff, Inc. PRIME/SUPPLEMENT CBBEL PTB -ITEM # 0 NAME Direct Labor Total Contribution to Prime Consultant Total 0.00 0.00 DATE 03/04/20 Printed 3/4/202010:53 AM Page 4 of 10 BIDE 3608 Template (Rev. 10/19/17) 31 ZE LLI NV I.f. 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N W (o � N 1� � M V 00 N M N (O, 7 O Q 0 O- O r- 04 c0 (o C (o '� 0 LD 'IT(N V � v �..,V N't M MMM N,..� N 2 C a> C � _ U N _ 13 C N 0 V c c... J. LL CL Y d N f0 d d c0 C r2Lo Qa. U) "^ 'C O U y `C C C C C a d > C O J o o (cv 'v " 0 a w E V ca a)UCLCia-10.0 aoi ami U) (,n v, %n O_ O .0 Cp C c C a>ara>ma�Cr-c: C C C C Acn C C C C W .O ( c`" a) E. w0 cn co cn co0 c 0 UJ W ('vta,a)DL < co * C� a) a) m CL E a) H C) O co co W 0 m O O (o a� o� m CL a 33 HUFF & HUFF, INC. SUMMARY OF INHOUSE DIRECT COSTS Project: Rand/Central/Mt. Prospect Local PSI GRAND TOTAL $ 154.05 FAProposal-FY2021 -in progress\CBBEL\[81.PT00001.21 CBBEL Mt Prospect PSI—CCDD Direct Cost.xis]lnhouse Direct C( 34 DIRECT Task 1: PSI & CCDD Trips - Company 55 miles x 2 x $ 0.58 = $ 63.25 Tolls 1 ea x 12 x $ 0.90 = $ 10.80 Field Kit 1 day x 1 x $ 30.00 = $ 30.00 PID 1 day x 1 x $ 50.00 = $ 50.00 Task Total $ 154.05 Task 2: QAQC 0 x $ $ Task Total $ Task 2: Project Management 0 x $ $ Task Total $ GRAND TOTAL $ 154.05 FAProposal-FY2021 -in progress\CBBEL\[81.PT00001.21 CBBEL Mt Prospect PSI—CCDD Direct Cost.xis]lnhouse Direct C( 34 HUFF & HUFF, INC. SUMMARY OF OUTSIDE DIRECT COSTS Project: Ran d/Centra I/Mt. Prospect Local PSI OUTSIDE Task 1: PSI & CCDD vocs 1 ea x 8 x $ 155.00 = $ 1,240.00 PNAs 1 ea x 14 x $ 105.00 = $ 1,470.00 Total RCRA 7 1 ea x 14 x $ 90.00 = $ 1,260.00 TCLP Fe & Cr 1 ea x 14 x $ 90.00 = $ 1,260.00 TCLP RCRA 7 1 ea x 8 x $ 90.00 = $ 720.00 pH Soil 1 ea x 14 x $ 19.00 = $ 266.00 Database 1 ea x I x $ 250.00 = $ 250.00 Task Total $ 6,466.00 Task 2: QAQC Task 2: Project Management 0 x _$ - = $ Task Total $ 0 x _$ - = $ Task Total $ GRAND TOTAL $ 6,466.00 F:\Proposal-FY2021 -in progress\CBBEL\[81.PT00001.21 CBBEL Mt Prospect PSI—CCDD BDE 3608 CECS CPFFx1srn]C0ST 35 HUFF & HUFF, INC. SUMMARY OF SERVICES BY OTHERS Project: Ran d/Central/Mt.Prospect Local PSI Task 1: PSI & CCDD Traffic Control (day) Driller (day) Task 2: QA QC Task 2: Project Management OUTSIDE 1 x $ 2,400.00 = $ 2,400.00 1 x $ 2,200.00 = $ 2,200.00 0 x $ - = $ - Task Total $ 4,600.00 0 x _ $ - Task Total $ - 0 x $ - = $ - Task Total $ - GRAND TOTAL $ 4,600.00 F:\Proposal-FY2021 -in progress\CBBEL\[81.PT00001.21 CBBEL Mt Prospect PSI_CCDD BDE 3608 CECS CPFFAsm] 36 COMPANY NAME: Huff & Huff, Inc. PTB NUMBER: Rand/Centrall `t Pros .,,,, ect Local PSI TODAY'S DATE: 8117/2020 Per Clam (per GOVERNORS TRAVEL. CONTRO BOARD) Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD) Air Fare Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROLBOARD) Vehicle Owned or Leased Vehicle Rental Tolls Parking Overtime Shift Differential Overnight Delivery/Postage/Courter Service Copies of Deliverables/Mylars (In-house) Copies of Deliverables/Mylars (Outside) Project Specific Insurance Monuments (Permanent) Photo Processing 2 -Way Radio (Survey or Phase III Only) Telephone Usage (Traffic System Monitoring Only) CARD Web Site Advertisements Public Meeting Facility Rental Public Meeting:Exhibfts/Renderings & Equipment Recording Fees Transcriptions (spec to project) Courthouse Fees Storm Sewer Cleaning and Televising Traffic Control and Protection Aerial Photography and Mapping Utility Exploratory Trenching Testing of Soil Samples' Lab Services` Equipment and/or Specialized Equipment Rentar PID Rental (Daily) Field Kit - Expendlble Materials (Daily) Driller (Daily) Lab Cost Breakdown' VOCs (8 x $155 Ea = $1,240) RCRA Metals total (14 x $90 Ea = $1,260) TCLP Other RCRA (6 x $90 Ea = $720) Database Package Up to state rate maximum cost (Up to state rate maximum) ual cost wls rate, actual cost, requires minimum two weeks' notice, I prior [DOT approval to state rate maximum Mail day (4 hours or fess) or $65/full day cost (Up to $55/day) cost cost Premium portion (Submit supporting documentation) 1Aa^tual cost (Based on firm's policy) Actuai cost (Submit supporting documentation) i Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) {Actual cost Actual cost Actual cost 'Actual cost ;Actual cost I Aftuat cost (Max $15/hour) iActuaP cost (Submit supporting documentation) ACtual cost (Submit supporting documentation) `Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) jActual cost Actual cost iActuai cost ActuW cast (Requires 2-3 quotes with IDOT approval) Actual cost (Requires 2-3 quotes with IDOT approval) Actual cost (Requires 2-3 quotes with IDOT approval) `Actual cost (Requires 2-3 quotes with IDOT approval) Actual cost JActual cost (Provide breakdown of each cost) IActulal cost (Requires 2-3 quotes with ]DOT approval) Actual Cost Actual Capt ;Actual Cost .Actual Cost* IPNAs (14 x $105 Ea = $1,470) TCLP Fe & Cr (14 x $90 Ea - $1,470) IpH Soil (14 x $19 Ea = $266) FAcUtal Cost "If other allowable costs are needed and not listed, please add in the above spaces provided. LEGEND W,O. = Work Order J . = Job Specific PRINTED 6/17/2020 110 12 Direct Costs Check Sheet $0.00 $0,001 $0,00! $0.5751 $0,00 $0.00 $0.90 $0.00 $0.00'' $0.00 $0.00 $0.00 $0.00' $0.001 $0.00 $0.00 $0.00; $O.00 $0.00', $0.00 $0.00' $0.00 $0.00' $0.001 $0.00 $0.00 $0.00' $2„400.00 $0.00 $0.013 $0.00; $6,216.00 $0.00 $50.00 $30.W,, $2,200,00 $0..00;' so Doi $0.00': $0.110' $250,00. $0,00 $0.00 $0.00 $9,00 $63.25 $0,00 $0,00 $10:80 $0.00 $0.00 $0,00 $0,00 $000 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0,00 $0.00 $0.00 $0.00 $0,00 $2,400.00 $0.00 $0.00 $0.00 $6,216.00 $0= $50,00 $30.00' $2,200,00 $0.00 $0.00 $0.00= K OO $250,00 $0.00 $000 BDE 436 (Rev, 02/02/17) 37 March 3, 2020 Mr. Stephen Sugg, PE, PTOE Christopher B. Burke Engineering, Ltd. 9575 West Higgins Road Suite 600 Rosemont, IL 60018-4920 RE: P.N. 64,629 Geotechnical Exploration Intersection Improvements Rand, Central and Mount Prospect Roads Mount Prospect, IL 60056 Dear Mr. Sugg: Testing Service Corporation (TSC) is pleased to submit this proposal to provide Geotechnical Engineering Services for the above captioned project. It is in response to your email dated February 28, 2020. The objectives of the Geotechnical Study are to explore soil and groundwater conditions and provide recommendations for intersection improvements at Rand, Central and Mount Prospect Roads. Boring Program: As requested nine (9) pavement cores and nine (9) soil borings are to be drilled part of our Geotechnical Exploration, as indicated on the boring location plan attached. The borings are to be extended to 10 feet below existing grade. Total drilling footage on this basis is estimated to be about 90 lineal feet. For the purposes of this proposal we have assumed that the boring locations will be accessible to conventional drilling equipment. In this regard, they should not be located in standing water, within wooded or landscaped areas or on steeply sloping ground. No provisions have been made for tree/brush clearing or other obstruction removal should borehole access be impeded. Landscape restoration (if required) is also not included in the project budget. TSC will utilize personnel who are trained in layout procedures to stake the borings in the field. Ground surface elevations for each borehole will be determined by GPS using a Trimble R8s GNSS receiver. Utility clearance for the borings will be obtained by contacting JULIE (Joint Utility Locating Information for Excavators). Private underground utilities and/or any interior lines will have to be marked by the property owner or their agents; a private locator can be hired for an added cost if necessary. The cores of the asphalt or P.C. concrete surface will be taken using a 4 -inch diameter core barrel. Auger samples will also be obtained of underlying base course/subbase materials, with continuous macro -core samples to then be taken of the upper soil subgrade to a minimum depth of 3 feet. The core holes will be patched upon completion using a cold mix asphalt or non -shrink concrete grout. Providing a Full rill ange of Geotechnical Engineering, Environnwntal Services. and Conslructioa Materials als Eogineoring & Testing 38 Christopher B. Burke Engineering, Ltd. Intersection Improvements, Rand, Central and Mount Prospect Roads Proposal #64,629 - March 3, 2020 Soil samples will be obtained by standard split -spoon (ASTM D 1586) methods at each structure and/or subgrade boring location in accordance with IDOT procedures. Special circumstances (trees, slopes, power lines, etc.) may dictate use of a small drill rig where soil samples will be obtained by geo-probe methods. Subgrade borings will be sampled continuously in the upper 5 feet and not exceed 2'/2 -foot intervals below this level, unless unforeseen circumstances present themselves. A representative portion of the split -spoon samples will be placed in a glass jar with screw-type lid for transportation to our laboratory. Groundwater observations will also be made during and following completion of drilling operations, with the boreholes to be backfilled immediately and any in pavement areas also patched at the surface. Assumptions for Permits: Rand Road and Central Road are under IDOT jurisdiction and will require an IDOT permit to perform the field work. It has been our experience that it may take 6 to 8 weeks or more to get a permit from IDOT. Traffic Control: Traffic control procedures are required for most of the soil borings and core locations. It is anticipated that the shoulder and/or one traffic lane will have to be temporarily blocked at each boring and/or core location using professional traffic control with flagmen or specific traffic control measures. If it is determined that traffic control is not needed you will not be charged for this service. Please note that our cost estimate for this project is based on the assumption that TSC will be able to perform all borings and cores during weekdays (Monday through Friday) beginning no later than 7:00 AM and ending no sooner than 3:00 PM. A cost supplement to this proposal may be required if the IDOT imposes restricted hours (nights or weekends) to complete any of this work. Laboratory Testing: The pavement cores will be examined and described by an experienced laboratory materials technician, with measurements taken of individual bituminous layer thicknesses. The subgrade samples obtained from the cores will be examined by experienced laboratory personnel in order to verify field descriptions as well as to visually classify in accordance with the Unified and AASHTO Soil Classification Systems. Samples retained from the borings will also be examined by laboratory personnel to verify field descriptions and to estimate soil classifications in accordance with the Unified and AASHTO Soil Classification Systems. Laboratory testing will include moisture content determinations, as well as unconfined compressive strength (Qu) on cohesive soils using a proving ring tester, approved by IDOT. Estimate of unconfined compressive strength using a calibrated pocket penetrometer (Qp) will be obtained on cohesive samples when unconfined compressive strength (Qu) is not possible. Representative subgrade samples will be tested for Atterberg limits and grain size analysis in accordance with IDOT procedures. Other tests deemed to be necessary by TSC's Project Engineer -2- 39 Christopher B. Burke Engineering, Ltd. Intersection Improvements, Rand, Central and Mount Prospect Roads Proposal #64,629 - March 3, 2020 may also be recommended for your approval. Our scope of work does not include any tests for Illinois Bearing Ratio (IBR) on representative subgrade samples. Engineering Report: Upon completion of drilling and testing, you will receive a Roadway Geotechnical Reports (RGR) for the various roadways. The engineering report will summarizing field and laboratory test data, including a boring location plan and boring logs. It will also include a pavement core summary with pavement and base course composition and thickness measurements as well as subgrade soil classifications and associated laboratory test data. The reports will address anticipated soil and groundwater conditions impacting site development, based upon the information obtained from the borings. It will also provide recommendations to guide design and specification preparation pertaining to geotechnical issues relevant to the structure or purpose described in this proposal. These may include the following: • Subgrade support values for pavement design. • Topsoil stripping. • Discussion on frost susceptible soils. • General earthwork and construction considerations. • Fill placement and compaction requirements. • Estimated quantities for undercutting and aggregate fill. • Consideration of underdrains. • Anticipation and management of groundwater. The following are not a part of or scope of work: Illinois Bearing Ratio (IBR). Soil profile sheets. Fees and Scope: In accordance with the Cost Estimate attached, TSC is proposing a not -to -exceed budget amount of Twenty Thousand Dollars ($20,000.00) to provide the Geotechnical Exploration outlined above. Our proposal is based on the understanding that: the boring locations are accessible to a conventional truck or All -Terrain Vehicle (ATV) mounted drill; none of the borings will be located in standing water, in wooded or landscaped areas or on steeply slopping ground; and that the work can be performed during standard business hours. Our fee is further subject to this proposal being accepted by you on or before December 31, 2020. Should the study reveal unexpected subsurface conditions requiring a change in the scope of work, you will be contacted before we proceed with any additional work. Our invoice would then be based on our standard unit rates given in the attached Cost Estimate or as otherwise agreed upon. While our quoted fee does not include earthwork, excavation, and/or footing observations during the construction phase, the project budget should include a provision for these services. Plan review, preconstruction meetings -3- 40 Christopher B. Burke Engineering, Ltd. Intersection Improvements, Rand, Central and Mount Prospect Roads Proposal #64,629 - March 3, 2020 and/or other consulting and professional services that are provided subsequent to delivery of TSC's report would be covered by separate invoice. TSC's geotechnical investigation does not include services required to evaluate the likelihood of the site being contaminated by hazardous materials or other pollutants. Analytical testing which would be required in connection with IEPA Form LPC -663, Uncontaminated Soil Certification is also not included. Should environmental and/or analytical testing be desired, please contact the undersigned for additional details and/or associated costs. Closure: The geotechnical services being performed are subject to TSC's attached General Conditions. Unless stated otherwise, TSC fees include all state and federal taxes and permits that may be required. However, they do not include any license, permit or bond fees that local governments may impose. The local fees, if any, will be added to the invoice. Unless we receive written instructions to the contrary, invoices will be sent to: Mr. Stephen Sugg, PE, PTOE Christopher B. Burke Engineering, Ltd, 9575 West Higgins Road Suite 600 Rosemont, I L 60018-4920 Tel: (847) 823-0500 Email: ssugg@cbbel.com If this proposal meets with your approval, please indicate your acceptance by signing one copy and returning it to our Carol Stream, Illinois office. It would be helpful if you could also complete the attached Project Data form indicating who is to receive copies of TSC's report and other related information. -4- 41 Christopher B. Burke Engineering, Ltd. Intersection Improvements, Rand, Central and Mount Prospect Roads Proposal #64,629 - March 3, 2020 Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully submitted, TESTING SERVICE CORPORATION Timothy R. Peceniak, P.E. Geotechnical Engineer TRP:KJS Enc: Cost Estimates Boring Location Plan General Conditions Project Data Sheet Approved and accepted for (TITLE) (DATE) -5- Kathy Schimick Customer Relations by: 42 Christopher B. Burke Engineering, Ltd. Intersection Improvements, Rand, Central and Mount Prospect Roads Proposal #64,629 - March 3, 2020 COST ESTIMATE Intersection Improvements Rand, Central and Mount Prospect Roads Mount Prospect, IL ITEM UNITS I QTY I RATE COST STAKING AND UTILITY CLEARANCE Layout Person to Mark Boring and Core Locations, 1.1 Obtain Surface Elevations and/or Arrange for Hour 8.0 110.00 $ 880.00 Clearance of Underground Utilities 1.2 Private Locator to Mark Private and/or Interior Cost + 0 750.00 $ 0.00 Underground Utility Lines 10% Permits 1.3 IDOT Permit, Bond and Other Direct Charges Estimated Cost 1 1,000.00 $1,000.00 1.4 Engineer to Prepare and Submit Permit Sump 1 360.00 $360.00 DRILLING AND SAMPLING 2.1 Drill Mounted on Truck and Two Person Crew Day 2 3,125.00 $ 6,250.00 (Portal to Portal) PAVEMENT CORING AND SAMPLING 3.1 Core Van and One -Man Crew (Portal to Portal) Day 1.5 1,600.00 $2,400.00 3.2 Bit Wear - Per Inch of Asphalt or PCC Pavement Inch 55 4.00 $220.00 3.3 Patch Holes with Cold Patch Asphalt or Non -Shrink Each 9 10.00 $90.00 Grout CORE LABORATORY TESTING 3.4 Materials Technician to Measure and Describe Core Each 9 15.50 $139.50 Sample in Laboratory Visual Classification and Water Content of Core 3.5 Subgrade Sample (Includes Pocket Penetrometer Each 9 15.00 $135.00 Reading on Cohesive Samples and Dry Unit Weight Determination on fill materials) TRAFFIC CONTROL (for Soil Borings and Pavement Cores) 4.1 2 -Man Flagging Crew, Regular Time (Portal to Portal) Hour 16.0 300.00 $ 4,800.00 4.2 2 -Man Flagging Crew, Overtime Hour 0.0 350.00 $ 0.00 4.3 TSC Pickup, Arrowboard and/or cones Day 0 125.00 $ 0.00 M 43 Christopher B. Burke Engineering, Ltd. Intersection Improvements, Rand, Central and Mount Prospect Roads Proposal #64,629 - March 3, 2020 ITEM UNITS QTY RATE COST LABORATORY TESTING 5.1 Examine Samples to Describe by Textural System and Each 45 4.00 $ 180.00 Classify Using the Unified Soil Classification System 5.2 Water Content Determination (Includes Pocket Each 45 8.00 $ 360.00 Penetrometer Reading on Cohesive Samples) 5.3 Unconfined Compressive Strength of Cohesive Soils Each 15 16.00 $ 240.00 (or Torvane Shear Strength Measurement) 5.4 Dry Unit Weight Determination Each 10 8.00 $ 80.00 5.5 Atterberg Limit Determination Each 2 100.00 $ 200.00 5.6 Sieve Analysis with #200 Wash Each 0 90.00 $ 0.00 5.7 Sieve Analysis with Hydrometer Each 2 130.00 $ 260.00 5.8 Loss -On -Ignition and Wet Combustion Each 2 110.00 $ 220.00 (Organic Content) ENGINEERING SERVICES 6.1 Prepare Geotechnical Report with Boring Logs and Lump 1 2,250.00 $ 2,250.00 Location Plan Sum 6.2 Geotechnical Engineer to Perform Special Calculations Hour 0.0 140.00 $ 0.00 or Run Slope Stability Analyses 6.3 Senior Engineer to Consult or Attend Project Meetings Hour 0.0 200.00 $ 0.00 ESTIMATED TOTAL: $ 20,064.50 RECOMMENDED BUDGET: $ 20,064.50 -7- 44 Per Diem (per GOVERNOR'S TRAVEL, C'ONTROI BOARD) Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD) Air Fare Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROLBOARD) Vehicle Owned or Leased Vehicle Rental Tolls Parking Overtime Shift Differential Overnight Delivery/Postage/Courier Service Copies of Deliverables/Mylars (In-house) Copies of Deriverables/Allytars (Outside) Project Specific Insurance Monuments (Permanent) Photo Processing 2 -Way Radio (Surveyor Phase fll Only) Telephone Usage (Traffic System Monitoring Only) CADD Web Site Advertisements Public Meeting Facility Rental Public Meeting Exhibits/Renderings & Equipment Recording Fees 'Transcriptions (specific to project) Courthouse Fees Storm Sewer Cleaning and Televising Traffic Control and Protection Aerial Photography and Mapping Utility Exploratory Trenching Testing of Soil Samples' Lab Services' Equipment and/or Specialized Equipment Rental` Layout Person to Matk Soring and Core Locations, Up to state rate maximum cost (LIP to saute two maximuan) CoarrA rate, actual cost, requires minimum two weeks' notice, With prior IDOT approval Up to state rate maximum $32,501half day (4 hours or less) or $651fup day Actual cost (Up to $55/day) Actual cost Premitrrn portion (Submit supporting documentation) Actual cost (Based on firm's policy) Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) Actual cost Actual cost Actual cost Actual cost ;Actual cost (Max $15aaour) IActual cost (Submit supporting documentation) 'Actual cost (Submit supporting documentation) jActual cost (Submit supporting documentation) ',Actual cost (Submit supporting documentation) 1Aclual cost Actual artist FAc~tual cost Actual crest (Requires 2-3 quotes with IDOT approval) (Actual cost (Requires 2-3 quotes with IDOT approval) 'Actual cost (Requires 2-3 quotes with ]DOT approval) fAcl'ua9 cost (Requires 2-3 quotes with IDOT approval) ,Actual cost �Actuat cost (Provide breakdown of each cost) :W, vat coo (Requit'es 2-3 quotes with ]DOT approval) Obtain Surface Elevations andlor Arr p for, Hour Cleararaoa of Underground LAJIllkes ,DOT Permit, Bond and Other Direct Charges Icost Engineer to Prepare and Submit Permit Lump Sum Drill Mounted on Truck and Two Person Crew ;Day ('Portal to Portal) Core Van and One -Mari Crew (Poral to Portal( Day' Bit Wear - Per 9nch of Asphalt or PCC Pavement iInch Patch Holas with Cold Patch Asphalt or Nora -Shrink ;Each Grout Materials Techntotan to Measure and Describe Core Each Sample in Laboratory Visual Classification and Water` Comero of Cots Subgrade Sampia (includes Pocket PenottorneW Each Reading on Cohesive "oaxnplas and Dry Unit Weight wormonabon on fig matwialal 2. Man Flagging Crew„ Regular Time (Portal to Pwtat) !Hour PRINTED 8/21/2020 9 3f 16 $0 $0.001 T $0.001 $0.00.`; $CM.00f $0.00 $0,00{ $110x00'. $'9,0DO 00j $311000' $35925.001 $1,600,00 $4,OO $10.00 Rom $0.00 $0,00 $0.00 $0,00' $0,00 $0.00 $0.00 $0.00: $0,00 $0,00. $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0,00 $0, D(7: $0,00 $0.00 $0.00 $0.00 $0.00 $(too $0.00 $0:00 $0,00 $0.00 $0.00 $0.00 Woo $880,00 $1.00000 $360.00 $6,250,00 $2,400.00: $220.00 $90.130 $139,50 $135.00 $4,800,00 BDE436(Rev. 02/02/17) 45 100-1%446 1111no's Dpe�� , Direct Costs Check Sheet cr f Ir 5 ran ortation COMPANY NAME: . .... Testing Service Cor PTB NUMBER: TODAY'S DATE: Exaftne Samples to Describe by TexilurM System and Each x 46 $4,00, $180,00 Claasify Using the Unified So# Clast0l"tion System Water Content Determination (Includes Pocket Each X 45 $6.00 $360,00 Penetrometer Reading on Cohesive Samples) I Unconfined Compressive Strength of Cohesive Soils Each x 1 $16.0' $240.OD (or Torvane Shear Strength Measurement) Dry Unit Weight Determination 'Each x 10 $6,001 $8000 Atterberg Limit Determination Each x 2 $100.0D $20000 Sieve Analysis with Hydrometer Each i x 21 $130 001 $260,00 Loss-On-lignition and Wet Combustion Each x 2 $110.00 $220,00 (OTganic Content) Prepare Geotechnical Report with Boring Logs and I ,Lump Sum X I $2,250,00� $2,25000 Location Plan *If other allowable costs are needed and not listed, please add in the above spaces provided. LEGEND W.O.=Work Order J.S. = Job Specific PRINTED 8/21/2020 BDE 436(Rev. 02/02/17) 46 AGREEMENT FOR LAND ACQUISITION CONSULTING SERVICES Christopher B. Burke Engineering, Ltd. Rand Road and Central Road AGREEMENT between Mathewson .Right of Way Company (MROWCO) whose address is 30 North LaSalle Street, Suite 2400, Chicago, Illinois 60602 and Christopher B. Burke Engineering, Ltd. (CBBEL), whose address is 9575 West Higgins Road, Suite 600, Rosemont, Illinois 60018. MROWCO shall provide to CBBEL, on behalf of the Village of Mount Prospect (VILLAGE), consulting services for the acquisition of right of way for the Rand Road and Central Road Project (PROJECT). The PROJECT shall consist of the acquisition of approximately 20 parcels. MROWCO shall perforin the following services: 1. Appraisal Review 2. Negotiations 3. Closings 4. Project Management/Certification 5. Direct Expenses All of the above are described as specified in Exhibit A: Scope of Services attached hereto. VILLAGE shall compensate MROWCO for the services provided under this AGREEMENT as provided in Exhibit B: Compensation attached hereto. The total amount of compensation authorized by this agreement is not to exceed $225,500.00. Exhibit C: Terms and Conditions is attached hereto and made a part hereof. Submitted this 21st day of April, 2020. Accepted this ___, day of , 2020. of Way Company Christopher B. Burke Engineering, Ltd. Mathewson Vice By: 47 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services EXHIBIT A: SCOPE OF SERVICES MROWCO agrees to perform, at the direction of CBBEL, the following services: 1. Appraisal Review 2. Negotiations 3. Closings 4. Project Management/Certification 5. Direct Expenses All services called for in this AGREEMENT will be conducted by an individual or individuals whose qualifications have been approved by the Illinois Department of Transportation, when applicable. All services within the scope of this AGREEMENT shall be performed, where applicable, in accordance with the IDOT Land Acquisition Policies and Procedures Manual, hereinafter referred to as the LAPPM. REVIEW APPRAISALS All appraisals must be reviewed and certified by a Review Appraiser. Appraisal reviews performed by the Review Appraiser must be in accordance with the LAPPM. It is the Review Appraiser's responsibility to ensure that all items affecting the value of the property have been considered in the appraisal. A study of the comparable sales brochure is considered as part of the appraisal review. The Review Appraiser must complete an Appraisal Review Certification for all appraisal reviews. It may be necessary for a completed appraisal review to be updated due to a change in the ROW plat or due to new information provided by the VILLAGE. These updates or revisions will be assigned to MROWCO in a separate work order as the need arises. A Review Appraiser's second or other subsequent review of an appraisal, rewritten by the appraiser due to the Review Appraiser's comments or corrections, does not constitute an update or revision to the appraisal review that would necessitate a separate work order. The Appraisal Review for the Non -Complex Appraisal Report and Complex Appraisal Report, and an updated or revised appraisal review, shall be deemed complete when an acceptable Appraisal Review is submitted by MROWCO and approved by the VILLAGE. Appearances in court and/or pretrial conferences, which include depositions, may be required for the review appraisal services requested herein. The time spent at such appearance or appearances shall be made upon request of the VILLAGE or its trial counsel and shall be paid for as specified in Exhibit B. Page 2 of 11 48 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services The Review Appraiser may be asked to perform a Cost Analysis for budgetary purposes,. The Review Appraiser may be asked to review a Comparable Sales Book as an on-going assignment independent of individual appraisals. MROWCO staff may assist in the preparation of review appraisal work. NEGOTIATIONS The Negotiator is responsible for all land acquisition negotiations conducted under this AGREEMENT. Negotiations shall be in accordance with the LAPPM. The negotiator shall: ❑ Be the VILLAGE's representative to the property owner. ❑ Work with the Project Manager to receive and understand the scope of work for each work order and the associated deadlines/time frames involved. ❑ Establish schedules for each activity and report the progress to the Project Manager to assure a quality product. ❑ Assure that the deadlines assigned are met. ❑ Maintain channels of communication. ❑ Provide a quality product. Before the initiation of negotiations for each parcel, the VILLAGE must approve the amount of just compensation. The Negotiator shall fully document on an ongoing basis all efforts made to acquire the parcel in the Negotiator's Report. Said report shall be available to the VILLAGE as reasonably requested. The Negotiator may recommend administrative settlements as outlined in the LAPPM. Administrative settlements will be determined by the VILLAGE on an individual parcel basis. In the event MROWCO, after having made every reasonable effort to negotiate with the owner of a parcel, is unable to obtain a settlement on the approved appraisal amount, MROWCO shall prepare and submit a written report summarizing the progress of negotiations to date together with a copy of MROWCO'S Negotiator's Report completed to date with the names and addresses of all interested parties. MROWCO'S written report shall also include its recommendation for further procedure towards acquiring the parcel. The VILLAGE may elect to prepare and forward a Final Offer letter (with copy to MROWCO) to the owner of the parcel and thereafter refer the matter to the State's Attorney's Office to proceed with preparation of a condemnation petition. In any case, the VILLAGE reserves the right to require MROWCO to make additional negotiation contacts with the parcel owner up until the actual date of filing a petition to condemn the parcel. The negotiation for a parcel will be deemed complete when all required documents necessary to obtain title approval are submitted and approved by the VILLAGE. If a negotiated settlement cannot be reached, the negotiation for a parcel will be deemed complete when the documentation Page 3 of 11 49 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services for eminent domain action is submitted and approved by the VILLAGE, and the complaint is filed. If requested to do so, MROWCO shall provide title review and an attorney's approval letter provided by Mathewson & Mathewson, P.C. for no additional cost. Each Updated Negotiation or Revised Negotiation shall be paid for at the per parcel fee as specified in Exhibit B. An updated negotiation or revised negotiation is defined as additional negotiation work requested by the VILLAGE due to new parcel information supplied by the VILLAGE to MROWCO after first contact with the property owner. New parcel information could include, but is not limited to, significant changes in the area of the acquisition; updated (and modified) appraisal amounts that require revised negotiation documents; updated (and modified) title information that requires negotiations with additional property owner(s). Any additional work required to obtain title approval does not constitute an update or revision that would necessitate a separate work order. Where the acquisition of a parcel involves the displacement of an owner or tenant occupant from a residence or any personal property thereof, MROWCO shall coordinate the offering of relocation assistance any payments to each displaced owner -occupant simultaneously with initiation of negotiations and to each displaced tenant -occupant within seven (7) days following initiation of negotiations for the parcel. Appearances in court and/or pretrial conferences, which include depositions, may be required for the negotiation services requested herein. The time spent at such appearance or appearances shall be made upon request of the VILLAGE or its trial counsel and shall be paid for as specified in Exhibit B. PROJECT MANAGEMENT MROWCO shall establish a Project Manager who will be knowledgeable and responsible for all services performed under this AGREEMENT. The main duties of the Project Manager may include: ❑ Be the liaison between CBBEL and MROWCO and coordinate all daily project activities of MROWCO. ❑ Understand the scope of work for each work order and the associated deadlines/timeframes the VILLAGE needs to meet. ❑ Assign work to appropriate staff. ❑ Coordinate all deliverables, keep project on schedule and maintain the channels of communication between CBBEL and MROWCO. ❑ Provide the appropriate staff and SUBCONSULTANTS that have knowledge of and will follow Illinois Department of Transportation's LAPPM. ❑ Submit accurate invoices that have documentation to support the invoiced amount. ❑ Ensure SUBCONTRACTORS' prompt and efficient performance. ❑ Provide QA/QC oversight. Page 4 of 11 50 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services ❑ Provide coordination with the VILLAGE, CBBEL and MOT to obtain project right of way, herein referred to as ROW, certification when necessary. Page 5 of 11 51 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services EXHIBIT B: COMPENSATION The services to be provided by MROWCO under this agreement shall be assigned and compensated as provided in the table below. Task Fee Parcels Total Appraisal Review — Fee/Temporary Easements $2,500.00 13 $32,500.00 Appraisal Review— Temporary Easements $1,500.00 7 $10,500.00 Negotiations — Fee/Temporary Easements $6,000.00 13 $78,000.00 Negotiations — Temporary Easements $5,000.00 7 $35,000.00 Closing — Fee/Temporary Easements $2,500.00 13 $32,500.00 Closing — Temporary Easements $1,000.00 7 $7,000.00 Project Management/Certification $1,000.00 20 $20,000.00 Direct Expenses $500.00 20 $10,000.00 Total: $225,500.00 The sum total of all services provided for in this AGREEMENT shall not exceed $225,500.00. MROWCO shall advance funds to cover direct expenses related to the project. These expenses shall include but not be limited to, title company expenses for title research, title commitments, title later dates, title insurance fees, document copy fees, recording fees, partial release fees, land trustee fees, escrow fees, shipping and the like. CBBEL shall reimburse MROWCO for the actual cost of the direct expenses. It is understood that appearances in court and pretrial conferences may be required in relation to the negotiation services called for herein and it is agreed that such appearance or appearances shall be made upon request of VILLAGE or its trial counsel. In event of such services being requested, they will be provided as follows: (a) Rate each half day or fraction thereof for time spent in pretrial conference $1,000.00. (b) Rate each half day or fraction thereof for time spent in court $1,000.00. The fees for services shall include all transportation, food, lodging, telephone, or any other operating expenses incurred by MROWCO in the performance thereof. Page 6 of 11 52 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services EXHIBIT C: TERMS AND CONDITIONS 1. Parcels CBBEL shall provide MROWCO with relevant plats of highways, legal descriptions and construction plans for each parcel to be acquired. Each parcel shall consist of one or more basic parcels of land required as right of way for highway purposes to be acquired in fee simple title, and such other easements (temporary or permanent) for uses incidental to construction of the highway but which are not considered as part of the highway right of way, all of which are under the same ownership involving a complete contiguous parcel. 2. Termination CBBEL may terminate this AGREEMENT at any time and for any cause by a notice in writing to MROWCO. In the event of such termination, payment will be made to MROWCO for any completed services. Services in the process of completion shall be compensated for on an equitable basis and all incomplete parcel data collected in connection with them shall be turned over and become the property of the VILLAGE; provided, however, this AGREEMENT be terminated solely because the progress or quality of work is unsatisfactory as determined by the VILLAGE or CBBEL accepting this AGREEMENT, then no payment will be made or demanded by MROWCO for any services which have not been completed and delivered to CBBEL and the VILLAGE prior to the date of said termination. 3. Project Materials a. It is understood and agreed that the VILLAGE shall be considered the sole owner of all plats, legal descriptions, ownership and occupancy records, forms of deeds and easements, title reports, and any and all other material furnished, prepared or obtained by MROWCO during the course of providing its services for the parcel and shall be maintained in a separate parcel file for the parcel assigned. MROWCO will provide a copy of the original file of the parcel during the course of the project to VILLAGE. MROWCO will provide a timely update of all documents that pertain to the parcel during the course of the project. Upon completion of the project the original file will be delivered to VILLAGE. Upon termination of this AGREEMENT for any cause or upon completion of the acquisition of the parcel or upon request of VILLAGE when acquisition is determined to be by Eminent Domain proceedings, MROWCO's parcel file shall be delivered to the VILLAGE. MROWCO'S parcel files shall be available for inspection or review of its contents by VILLAGE, Illinois Department of Transportation or Federal Highway Administration personnel at any time. b. Electronic copies shall be provided unless VILLAGE requests to the contrary. Page 7 of 11 53 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services 4. Records Preservation MROWCO shall maintain, for a minimum of five years after the completion of the AGREEMENT, adequate books, records, and supporting documents to verify the amount, recipients, and uses of all disbursements of funds passing in conjunction with the AGREEMENT; the AGREEMENT and all books, records, and supporting documents related to the AGREEMENT shall be available for review and audit by the VILLAGE Auditor; and the MROWCO agrees to cooperate fully with any audit conducted by the Auditor and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Section shall establish a presumption in favor of the VILLAGE for the recovery of any funds paid by the VILLAGE under the AGREEMENT for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 5. Consultant Certifications and Representations a. MROWCO certifies that MROWCO has read the certifications and assurances described in this AGREEMENT and in the Standard Provisions, and certifies that Katherine D. Mathewson's signature on the AGREEMENT constitutes an endorsement and execution of each certification and assurance as though each were individually signed, and made on behalf of the contracting entity and its officers and each individual authorized to do work for the VILLAGE under this AGREEMENT. b. MROWCO under penalties of perjury, certifies that 20-3870734 is its correct Federal Taxpayer Identification number. It is doing business as a Corporation. c. MROWCO certifies that it is not in default on an educational loan. d. MROWCO certifies that it is not barred from bidding on State of Illinois AGREEMENTS because of violations of State law regarding bid rigging or rotating. 720 ILCS 5/33E-3, 33E-4. e. MROWCO certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this AGREEMENT, or if a corporation, partnership, or other entity with 25 or more employees, have completed and signed a "DRUG-FREE WORKPLACE CERTIFICATION." f. MROWCO, under penalty or perjury under the laws of the United States, certifies that the company or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: L is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Page 8 of 11 54 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services ii. has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; iii. does not have a proposed debarment pending; and iv. has not been indicted, convicted, or the subject of a civil judgment by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. g. MROWCO certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois nor has MROWCO made admission of guilt of such conduct which is a matter of record, nor has any official, officer, agent, or employee of this company been so convicted nor made such an admission. h. MROWCO is hereby notified that the VILLAGE, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and Title 49, Code of Federal Regulations, Part 21, issued pursuant to such Act, will affirmatively insure that any AGREEMENT entered into pursuant to this AGREEMENT will be awarded without discrimination on the grounds of race, color, or national origin. i. MROWCO warrants and represents that it is fully qualified to provide the services hereunder provided for in this Agreement. 6. Disclosures a. MROWCO hereby certifies that if any conflict of interest arises, in any of the parcels subsequently assigned to it, it will immediately, within 5 business days of receipt, inform the VILLAGE accepting this AGREEMENT and return all material furnished to him for reassignment to others. b. It is understood and agreed that Appendices A and B shall be a part of this AGREEMENT and MROWCO agrees to be bound by the terms and provisions contained herein. c. MROWCO warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this AGREEMENT, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for it, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the AGREEMENT. For breach or violation of this warranty, the VILLAGE shall have the right to annul this AGREEMENT without liability. Page 9 of 11 55 Christopher B. Burke Engineering, Ltd. Rand Road and Central }toad Project Agreement for band Acquisition Consulting Services 7. Indemnity MROWCO will indemnify and hold harmless the VILLAGE from all claims and liability due to activities of himself, its agents, and its employees and will comply with all Federal, State, and local laws and ordinances. 8. Insurance MROWCO shall obtain Commercial General Liability in a broad form, to include but not be limited to, coverage for the following where exposure exists: Bodily Injury and Property Damage, Premises/Operations, Independent contractors, Products/Completed Operations, Personal Injury, Professional Liability and contractual Liability; limits of liability not less than: $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Business Auto Liability to include, but not be limited to, coverage for the following where exposure exists: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership; limits of liability not less than: $1,000,000.00 per occurrence, combined single limit for Bodily Injury and Property Damage Liability. Workers' Compensation Insurance will cover all employees that meet statutory limit in compliance with applicable state and federal laws. The coverage must also include employer's liability with minimum limits of $100,000.00 for each incident. VILLAGE shall be provided with Certificates of Insurance evidencing the above required insurance prior to the commencement of services and thereafter with the certificates evidencing renewals or changes to said policies of insurance at least fifteen (15) days prior to the expiration or cancellation of any such policies. VILLAGE shall be named as additional insured on all liability policies, and MROWCO acknowledges that any insurance maintained by VILLAGE shall apply in excess of, and not contribute to, insurance provided by MROWCO. The contractual liability arising out of the AGREEMENT shall be acknowledged on the Certificate of Insurance by the insurance company. VILLAGE shall be provided with thirty (30) day prior notice, in writing, of Notice of Cancellation or material change and said notification requirements shall be stated on the Certificate of Insurance. 9. Breach Nothing herein shall be construed as prohibiting the parties to the AGREEMENT from pursuing any other remedies available to the parties for such breach or threatened breach, including recovery of damages from the parties. This provision shall survive any termination of this AGREEMENT. 10. Governing Law Terms of this AGREEMENT will be governed by Illinois law. Page 10 of 11 56 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services IL Transferability MROWCO agrees that this AGREEMENT or any part thereof will not be sublet or transferred without the written consent of CBBEL accepting this AGREEMENT. 12. Execution of AGREEMENT In the event this AGREEMENT is executed, it shall constitute a contract as of the date it is approved by CBBEL or its authorized representative and shall be binding on MROWCO, its executors, administrators, successors or assigns, as may be applicable. Page I I of I I 57 UV 0.�a t 'rUtjq�lg Direct Costs Check Sheet sJ OMPANY NAME: Mathewson n Right of WaComQan PTB NUMBER: ...........................w..,,,.,......,.,..,w..,.,...,w..,..,�..,,.w.,�.......,......b,«.,....,,..,,..�...w...�.._...a,. TODAY'S DATE: 8/17/2.... .INEMENINIMM Per Di rii (gip GOVERNOWS TRAVEA. CONTROL. Up to slate rate maximum $0.00( $0-00 BOARD) Load ("4 GOVERNOWS; TRAVEX.CONOR .SOARM uau@ a k4 &UP 4u stwea e'aM1e roaxxq routtpt) $0100, $000 Lodging Taxes and Fees Actual crass so 00' $0,00 (puma GOVERNOR'S TR.AVE(, CONTROL BOARD) Air Faire rA%ch rage„ actual cost, requires minimum two weeks notice, with $Ob $0.00 Witt WWT afasavat Veh4,,W Waage (%tau t" OVE'RNOWS TRAVEL CC #47R(9L Up to stale rate maximum $0,000.' $0.00 BOARD) Vet fiche 0wsaed e( Loo ',$$2;ditalf day (4 hours or less) or $661futl day - $000 $000 Vehicle R4ntail AActuap cos((Up to $55/day) $0.00 $000 'Thpt% �A rAuM cart, 3000" $'0-d Paikkttg Activatcoast SDAO, $000 ovedond, 'lommturngratturnr(StOMI'Supata%orpodonautruaautatNn%) $0,00, $'0&,00 Shift. Diffor'wWat !A-tTual'cost (Based on firm's policy) ,Actuai $000, 'SO.,00 Overnight DetiverWPostage/Couffer Service cost (Sutiftt supporarag docu nrief0#40%) '' $0 flip', $O,W Copies of DeliverableslMylars (In-house) Act ual cost (Submi(supporting documentation) $0.00 $0.00 Copies of Dotiverables/Mylars (Outside) (,AM u* and (SobprOt supppmdgrg dectutn'tarota�tttta't) i '. $IO.tYt"t� $0,00 Project Specific Insurance ',Adual cast j 30,00; $0.00 Monuments (Permanent) .'d4,aiva copi't $000... SO DID Photo Processing Actual cost $0,00r, $•Way Rxtdka )$ t svoy+oa°9x9%4-as nt Onty) AaAUW cod $0100, x0.00 TMatphtamo Usaga (Ttttlt'pc Systenn MouutoruragY; Ny) ;ACltuW cost $0.00 yAAAUM COO (MAX $1WhOW) �. $o oli $0.00. Web %to (AOuW cost (Submit supporting documentation) I .$0.00' $0.00 AdvaaOaanrauenRa .Aftip$I dr,Rt (trHawad supumping docurn"Woo) $0 MY $b.60 Public Meeting Facility Rental -Actual cost (Submit supporting documentation) Sri 00 $0.00 Public Meeting ExhibitstRanderings & Equipment ,.Aa;lu xi s°naat (Subn0i woppotorigTtocumanwtakoat) $'000, $0.00 Recording Fees °Actuai best ) $O.00i $0-00 t—scAtgf"s (Spo"'($p"ptofecf) A044at t cM S0100, SOW Courthouse Fees ActuoO cost $0.00.' $0..00 Storm Sower Gleaning and Talevisfng A,closi c got (Requkes 2.3 quxfts watt l0Y0'1" apaprov#Q '$0.00':. $0.00 Traffic Control and Protection 'ActuM cost (Requires 2-3 quotes with IDOT approval) $17,00, $0..00 Aerial Photography and Mapping 'AcOxa( cost:(Requires 2.3 quotes with IDOT approva) '', '', $O„p)0.. WOO Utility Exploralory Trenching-ArA u4t cost (Requires 2-3 quotes with IDOT approval) $0.00. $0..00 Tearing o1 Sell5arnplea• AaIntel case $,Y).OR)p $0,00 Lab Services' ±Atpi uap cost (Provide breakdown of each cost f �I SD 00, $0.00 Equipment and/or Specialized Equipment Rental' ',pawl caro» (RovRw** 2.3 quotes with IDOT approvat S010'9.. $000 Title Commitments, Document Copies, Title Research,.ArtudspC,os! d0 $"Ai0 Go$t0000.tbD Partial Release Fees, Transaction Fees 10,00-.. $000 $0,00 $0,00 $LA.ttO: $0,00 $0.00 WO'lt.:. $0,00 'ff other allowable costs are needed and not listed, please add in the above spaces provided. LEGEND W.O. = Work Order J.S.. =Job Specific PRIMED 0/17/20 ODE 436(Rev 02/02/17) 58 Rand Rd -Central Rd -Mount Prospect Rd Supplemental Phase II Engineering Improvements Services Accessible Pedestrian Signals (APS) In November 2021, IDOT-District One initiated a policy change requiring that all new and modernized traffic signal installations include Accessible Pedestrian Signals (APS) at all pedestrian crossings. With APS, the pedestrian pushbuttons communicate a message when activated. The message can be either verbal (when the two pushbuttons on a corner are separated by less than ten feet) or percussive (when the two pushbuttons on a corner are separated by ten feet or more). IDOT has stated that they would prefer a percussive message (pushbutton separation of a minimum of ten feet), unless the ten - foot separation cannot be achieved due to geometric/physical limitations. The Village requested that the Rand -Central project be exempted from this new policy as the engineering plans were nearly complete. IDOT would not grant the exemption and insisted that the pedestrian signals be redesigned in accordance with their new policy. The redesign resulted in the need for meetings and coordination with IDOT and extensive revisions to the traffic signal plans, pavement marking plans, and sidewalk ramp details. Plan quantity and special provision revisions were also necessary. Pedestrian Crosswalk (West Leg Rand Road at Mount Prospect Road) The IDOT-approved Phase I report did not include a pedestrian crosswalk on the west leg of Rand Road at Mount Prospect Road. The pre -final plans, which were submitted in June 2021, were prepared in accordance with the Phase I report (and did not include the referenced pedestrian crosswalk). The Village requested that CBBEL add the crosswalk to replace the existing crosswalk at this location. The addition of the crosswalk resulted in the need for traffic modeling and revisions to the traffic signal sequence of operation, traffic signal sheets, ADA ramp details, pavement marking sheets, and proposed roadway plan sheets. Ultimately, IDOT denied the inclusion of the crosswalk stating that the need for "all -red" traffic signals within the triangle intersection to accommodate the crossing would result in excessive vehicular queuing and delay. Traffic Signal Interconnect The traffic signal interconnect will be extended along Rand Road from the Walmart driveway to Isabella Street (west edge of Environmental Survey Request (ERS) limits), as directed by IDOT. (The request was made recently by IDOT.) The interconnect will be further extended to W. Business Center Drive as part of a separate IDOT project. Land Acquisition The land acquisition process, which must follow FHWA guidelines, is administered by IDOT. The project was originally scheduled for IDOT's January 21, 2022 letting. Delays in IDOT review of submittals resulted in the letting date shifting to March 11, 2022, and finally to April 29, 2022. The delays also resulted in added costs for meetings and coordination. All engineering and land acquisition work has been completed. CBBEL is requesting reimbursement for the additional services that were performed. Following is a detailed scope of supplemental services followed by our fee to complete the additional work. -M, SUPPLEMENTAL SCOPE OF SERVICES Task 1 — Meetings and Coordination Accessible Pedestrian Signals (APS) Meetings: CBBEL prepared for and attended four virtual meetings with IDOT to discuss APS. Meetings were held on November 19, 2021, December 1, 2021, December 22, 2021, and January 12, 2022. 16 Hrs Coordination (Internal and with IDOT): CBBEL coordinated both internally and with IDOT to implement IDOT's request to add APS. The placement of traffic signal equipment, crosswalks and ADA ramps was an iterative process requiring the exchange of multiple design alternatives between IDOT and CBBEL. 36 Hrs Addition of Pedestrian Signals on West Leg of Rand Road at Mount Prospect Road (Pedestrian Crosswalk) Meeting with IDOT: CBBEL attended a meeting with IDOT to discuss the addition of a crosswalk and pedestrian signals on the west leg of Rand Road at Mount Prospect Road. The District requested traffic modeling to show how intersection delay would be affected by the addition of the pedestrian crossing. 4 Hrs Coordination with Village and IDOT: CBBEL coordinated with both the Village and IDOT regarding the addition of the pedestrian crossing. Coordination included phone calls and e-mails. CBBEL civil design staff was involved to assist with the location of the ADA ramps and crosswalk. 16 Hrs Meetings and Coordination with Traffic Signal Controller Vendors: CBBEL coordinated with controller vendors to determine how best to add the pedestrian crossing to the sequence of operations. Since traffic controllers are limited as to the number of channels (sequences) that can be programmed into the controller, CBBEL wanted to ensure that there wouldn't be potential operational issues. 8 Hrs Meetings and Coordination with Village, IDOT and Mathewson ROW Company Regarding Land Acquisition Delays (Land Acquisition) Meetings: CBBEL attended meetings with the Village, IDOT and Mathewson ROW Co. on January 14, 2022 and January 24, 2022. CBBEL attended meetings with the Village and Mathewson ROW Co. on January 5, 2022 and January 20, 2022. The meetings were held in an effort to allow the Village to purchase right-of-way on IDOT routes, with later conveyance to the State. The request was made due to the estimated six-month delay (if these parcels were initially purchased in the name of the State). The project letting was originally scheduled for January 21, 2022. Due to IDOT delays in the review of plats and legals, and appraisals and review appraisals, the letting was subsequently moved to March 11, 2022 and finally to April 29, 2022. 16 Hrs N:\MOUNTPROSPECT\200015\Admin\Supplernent41\SupplernentaI Scope of Services.docx 2 60 Task 2 — Contract Plans, Special Provisions and Estimates ADA Ramp and Island Redesign to Accommodate Accessible Pedestrian Signals (APS) CBBEL redesigned ADA corners, islands, and crosswalks to accommodate the traffic signal equipment that was relocated as a result of the inclusion of APS. A listing of the corners/islands that were revised is shown on the attached Supplemental Manhours worksheet. 52 Hrs ADA Ramp Redesign to Accommodate Crosswalk at West Leg of Rand Road at Mount Prospect Road (Pedestrian Crosswalk) CBBEL reconfigured the ADA ramps at the NW and SW corners of Rand Road at Mount Prospect Road to accommodate the ADA modifications. This work also included the design of the crosswalk. 20 Hrs Revise Plans to Remove Temporary Easement on Rand Road at BMO Harris Driveway (Land Acquisition) The proposed improvements include the widening of Rand Road. The pavement widening will require the reconstruction of the driveway that serves BMO Harris. Reconstruction of the driveway will result in the temporary loss of access from Rand Road. A temporary construction easement was requested from BMO Harris to grade on to their property. Negotiations with BMO Harris for the temporary construction easement stalled. CBBEL's subconsultant, Mathewson ROW Co., asked if the driveway could be redesigned to remove the need for the easement. Mathewson was concerned that delays in negotiations with BMO Harris could potentially affect the letting of the project. CBBEL redesigned the driveway, pavement widening and sidewalk to eliminate the need for the easement. The plans were revised accordingly. 19 Hrs Quantity, Special Provision and Cost Estimate Revisions The redesign of the items, as listed above, resulted in changes to the quantities, special provisions, and cost estimate. 14 Hrs Task 3 — Roadway Lighting Plan Revisions Roadway Lighting Redesign to Accommodate APS The redesign of the traffic signal equipment (due to APS) resulted in the need to relocate light poles. CBBEL revised the proposed roadway lighting plans, verified that IDOT photometric requirements were satisfied, and adjusted the plan quantities to reflect the changes. 30 Hrs N:\MOUNTPROSPECT\200015\Admin\Supplernent41\SupplementaI Scope of Services.docx 61 Task 4 — Traffic Signal Plan Revisions Temporary Traffic Signal Plan, Traffic Signal Plan, and Cable Plan Revisions to Accommodate APS CBBEL redesigned the temporary traffic signal plan, traffic signal plan and cable plan at five intersections to accommodate APS. Other work included revisions to the schedule of quantities sheets to reflect quantity/pay item changes. 48 Hrs Traffic Signal Plan Revisions to Accommodate Pedestrian Crossing on West Leg of Rand Rd at Mount Prospect Rd (Pedestrian Crosswalk) The additional crosswalk resulted in the need for traffic modeling, and revisions to the traffic signal sequence of operation (four plan sheets), traffic signal plan and cable plan. The modelling was completed using Synchro software. Before the modelling could be revised, CBBEL determined the traffic signal phasing that would be implemented. The goal was to develop modelling that would minimize traffic queuing (and delay) within the triangle itself. The modeling (and revised sequence of operation) was presented to IDOT for their consideration. The crossing was later removed from consideration due to IDOT's objection. 52 Hrs Extend Traffic Signal Interconnect to Isabella Street (Traffic Signal Interconnect) CBBEL extended the traffic signal interconnect west on Rand Road to Isabella Street. 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II/1 aaaulBu3 0 0 0 0 0 III JaaulBu3 0 0 0 0 0 Al JaaulBu3 N Cl) N 0 O O A J88ulBu3 O O O N N N InaaaulBu3 0 0 w r T lelol O LO Cl) N M T Cl) Cl) M O O Q 0 0 0 (n c L a� 0 Q J 0 U) O M 00 CD E a NU) LU 0 rn n p Q L U) U o O 0 �. cn a N > = O . > o U N a- 0 OC > > a> u �n o_r a1 r/ V) Z Q J Q H Z W E W J CL CL y Z W 2 W O C� G V W L U) O L H Z 0 O 1 aJ Q H /LLI z V 1 z N M N M II a`d'o O O Al uel3lug3al aaaulBu3 0 0 II/1 aaaulBu3 O O III JaaulBu3 0 0 Al JaaulBu3 O O A JaaulBu3 N N N InaaaulBu3 le;ol o 7 co N c o o it •� An �'' Mn T Q Q Q 06 p� od N i d� N c cz G C g ) O L I� W 0 J N N C C W LO a) m v m rn `m a N �L U Local Public Agency County Section Number Villaae of Mount Prospect lCook 117 -00166 -00 -CH MAXIMUM PAYROLL RATE 78.00 ESCALATION FACTORI 0.00% PAYROLL RATES Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise CLASSIFICATION IDOT PAYROLL RATES ON FILE CALCULATED RATE Principal $78.00 $78.00 Engineer VI 77.901 77.90 Engineer V $69.77 $69.77 Engineer IV $58.58 $58.58 Engineer III $47.01 $47.01 Engineer I/II $33.72 $33.72 Survey V $78.00 $78.00 Survey IV $72.00 $72.00 Survey III $63.00 $63.00 Survey II $51.50 $51.50 Survey I $38.50 $38.50 Engineering Technician V $67.75 $67.75 Engineering Technician IV 56.631 $56.63 Engineering Technician III $32.88 $32.88 CAD Manager $67.17 $67.17 CAD Technician II $48.75 $48.75 GIS Speciailist III $54.00 $54.00 Landscape Architect $61.00 $61.00 Landscape Designer I/II $34.75 $34.75 Environmental Resource Specialist $75.06 $75.06 Environmental Resource Specialist I $58.00 $58.00 Environmental Resource Specialist II $49.75 $49.75 Environmental Resource Specialist I/ $30.50 $30.50 Environmental Resource Technician $42.75 $42.75 Engineering Itern $19.00 $19.00 Printed 2/22/2022 5:05 PM Page 2 of 11 BLR 05514 (Rev. 04/30/21) Payroll Rates 69 a) D a) X LL y-+ m a� L >o N U U) M D C O O a) C� C U) w O U w X w JE n w O F- U Q LL F- R LU J a 0 U O M N M T LU NQN L7. 0 Q LU 2 LU O 0 0 0 0 0 0 0 0 Z Q J � o 0 rn o 0 � WOVe FMN F MN 74 N r- OM � O O LL O~ 0 O CO LO m ` r- Cl) M O O 17 LO LO LC) J F LO �N 't O N LO O r m rn rn � W W U 2 O W rn V N V N N O LO (D 0) I- M O LO co h h co Ln W W N w LL 0 W X LL N cncn O U F U W a 0 W(O 0 co CO O O N I� CO co CO CO CO O Z M Ln O� N N N I- LO N O O N LL o LL QZ W W 2 m W O rn (O 00 Ln o N _ 67 Il Ln O) N N Il J LO V I- m J Q Q a N Co d1 Ln O O M Ll- M Cl) M V ti � Cl) O 2 LL LL Q H In LU W O 06 O N C � i O y YQ N 6 C rn a Q Q F C °6 O 7p U Q O N N J CO CM N E 0 U U _ f m c O m w m N a II g to 6 m � U)c U Q U O o o 0 U m 2— C) U of H C'J 0-1 N L C� = N EU = O Z o � � O O� OD a N vo cor W W 2 co C O V lv 0 a) co W a H U W w a J D O m ,W V �I Tr s C� OD a N V ~ C'1 c ll? °? r -- (o 00 C� a co co M (O � O N o co 2 N C a N M Ln r O > n LO Cl)oq d c a e mcli a co o 0 a 00 w (o 0 U N L O M00 F p N N M 2 Ln M O > a O _ Lr) C M s J o 0 c l6 N MO O 3 d co (c co (o N 0 O o 0 N 0 O 2 Cl) N o � 0 co y ?r Q O rn O N co y p- w O Q e N 0? 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O N Im W o0 R y e R M O O d £ MCO co O O r U QN .O N = a O � N O co 2 iW O O O m r r 00 L O N r• O O O O O O O In O Lo In r- CO O 00 00 f'- LO I- 0 O 0 O LO n O O O O� Ln O uo LO I- O O > 7 6 O O M 00 N M o6 I: O W In o0 6 O a f� O 7 M 1� n (fl In M CO N M (O 7 V C9 V M I� u7 O M N V 2 z> > = l U) 1 U) Q cn Q Cl)F N O CC - C \ N i U7 i 0) i N 0) i J R co R -7 '0 7 J Q U U U w c o 0 w w w oN O c c c —_ U to U U U =t.� cc [if 0� i a Q o ° o C U Q tL CC C F OO O O O5a) EmUJ mmcc° cn u> cn w w w U U C5 � 3 w w w w w w CHRISTOPHER B. BURKE ENGINEERING, LTD. 9575 W Higgins Road, Suite 600 Rosemont, Illinois 60018-4920 Tel (847) 823-0500 Fax (847) 823-0520 May 4, 2020 Village of Mount Prospect 1700 W. Central Road Mount Prospect, IL 60056 Attention: Mr. Sean P. Dorsey, Director of Public Works Subject: Rand -Central -Mount Prospect Proposal to Complete Phase 11 Engineering Services Dear Mr. Dorsey: We are pleased to submit this proposal to complete Phase 11 Engineering services for the Village of Mount Prospect, for Rand -Central -Mount Prospect intersections. Included with our proposal is our Understanding of the Assignment, Scope of Services, and Estimate of Fee. UNDERSTANDING OF ASSIGNMENT Christopher B. Burke Engineering, Ltd. (CBBEL) understands that the Village desires to complete Phase 11 Engineering for the Rand -Central -Mount Prospect intersections; including developing and implementing a plan that will provide significant enhancements to the transportation system that will benefit motorists, pedestrians, bicyclists, nearby businesses, and its residents. SCOPE OF SERVICES The general scope of work consists of the addition of auxiliary turn lanes, the modernization and interconnection of traffic signals, and right-of-way acquisition. The project also includes the construction of a multi -use path on Rand Road and roadway lighting improvements. The detailed scope of services required to complete Phase 11 Engineering is included in Attachment 1. 73 ESTIMATE OF FEE Based on the attached detailed scope of services, the cost to complete Phase II Engineering for the Rand -Central -Mount Prospect project is $345,158.42. The associated work hour estimate per task is also included in Attachment 1. We will invoice the Village of Mount Prospect no more frequently than once per month, based on the cost plus fixed fee basis as shown in the CECS form, and in accordance with the attached General Terms and Conditions. Direct costs for copying, mailing, delivery, messenger services, travel, and report compilation are included in the overall estimate cost shown in the CECS form. These General Terms and Conditions are expressly incorporated into and are an integral part of this contract for professional services. Please sign and return one copy of this agreement as an indication of acceptance and notice to proceed. If you have any questions or require additional information, please contact Steve Sugg at 847/823-0500 or via email at ssuggCa7.cbbel.com. 46k PresidentKerr, PE Attachments: Attachment 1 (Scope of Services, Work Hour Estimate, Cost Estimate) General Terms and Conditions THIS PROPOSAL, INCLUDING SCOPE OF SERVICES, COST ESTIMATE OF CONSULTANT SERVICES, AND GENERAL TERMS AND CONDITIONS IS ACCEPTED FOR THE VILLAGE OF MOUNT PROSPECT: MR Arlene A. Jura TITLE: Mayor DATE: (P - l0.7-0?z NAPR0P0SALS\ADMIN\2020\Mount Prospect Central Road Phase II Services P200015\Phase II Fee\Proposal.doc 74 Rand Rd -Central Rd -Mount Prospect Rd Improvements Contract A Services April 20, 2020 SCOPE OF SERVICES Task 'I — Meetings and Coordination: All project meetings will be scheduled in advance with a prepared agenda distributed to each attendee prior to the meeting. CBBEL will prepare the meeting agendas and minutes and distribute them to all attendees. Anticipated meetings and coordination are shown in the manhour estimate. Task 2 — Finalize Roadway Geometrics and Land Ac uisition Re uirements: CBBEL will verify land acquisition needs and eliminate parcels, if possible. Task 3 — Tol2ographic Survey: CBBEL will obtain new and supplemental survey through the corridor, including corner elevations for ADA improvements, and update utilities, as necessary. Task 4 — Preparation of Plat of Highways, Legal Descriptions: Task 1.1 — Reconnaissance: CBBEL will field recon project area in an attempt to discover sufficient right-of-way, property line and Section \ Quarter line evidence within the project limits. Research will be performed at the Cook County Recorder's office. Current title commitments will be ordered for each property affected by the proposed right-of-way takes and easements for this project. Task 1.2 — Parcel Surveys: CBBEL will field locate all property and section\ quarter line evidence discovered during Task 1.1. CBBEL will also locate the existing buildings within the parcels affected by the proposed right-of-way takes and easements as required for Task 1.4. Task 1.3 — Parcel Calculations: Utilizing the information and physical evidence found in Task 1.1 and 1.2, CBBEL will compute the location of the existing property and Section \ Quarter lines along with the proposed take and easement lines for this project. Task 1.4 — Drafting of the "Plat of Hi hwa "": CBBEL will compile all the information gathered in Task 1.1 thru 1.3 on the "Plat of Highway" in a format suitable for submittal to and approval by I.D.O.T. Task 1.5 — Prepare Written Legal Description: CBBEL will prepare written legal descriptions of all permanent right-of-way takes and temporary easements suitable for submittal to and approval by I.D.O.T. 75 Task 2 — Proposed Right -of -Way Staking- CBBEL will set 5\8 x 24 -inch iron rods (with survey caps) at all the corners of the right-of-way takes acquired and shown on the plat of highway drafted in Task 1.4. Direct Costs: • Title Reports would be $450.00 per parcel\P.I.N. affected by a R\W take or Temp Easement. Figure 20 title reports which equals $9,000.00 Research \ Copies of record documents and plats and recording monument records: $500.00 Total Direct Costs - $9,500.00 Task 5 — Contract Plans Special Provisions and Estimates: CBBEL will initiate the plans, as necessary for determination of easement and right-of-way needs. Task 6 -- Roadway Lighting All existing lighting (poles, luminaires, foundations, conduit/wire, controller, service, etc.) will be removed and replaced with new LED lighting. New lighting at signalized intersections will be combination lighting on traffic signal mast arm poles. Existing lighting not in conflict with proposed improvements will be used as temporary lighting throughout construction. Poles in conflict will be replaced with temporary lighting. The design will be in accordance with current IDOT District 1 "General Guidelines for Lighting Design, Plan Preparation, and Highway Lighting by Permit", Village Standards, and ANSI -IES RP -8-18 "American National Standard Practice for Roadway Lighting", latest editions. Prelimina Submittal Photometric Calculations CBBEL will initiate temporary and proposed lighting photometric calculations to achieve the required lighting levels for the roadways and intersections. The proposed calculations will utilize the Village's preferred luminaire. The photometric calculations will be performed using the latest version of AG132 photometric software. A Preliminary lighting submittal report will be created including a project description, target lighting levels with justification, photometric calculations, and cut sheets of the proposed lighting equipment. Task 7 — Traffic Signal Design CBBEL will initiate the traffic signal design, as necessary, to coordinate locations of proposed roadway lighting. Task 8 — QC/QA: Members of the CBBEL staff not familiar with the project will review all materials before they are submitted to the Village and provide recommendations to N:\PROPOSALS\ADMIN\2020\Mount Prospect Central Road Phase II Services P200015\Phase II Fee\Contract A\Contract A Design Scope of Services,docx 2 76 the Project Manager. The recommendations will be discussed internally and implemented, as necessary. Task 9 — Project Management & Administration: A CBBEL Principal will be responsible for the performance of all services required by the Agreement. Responsibilities include planning, organizing, and controlling resources, procedures and protocols to successfully complete the project with an emphasis on scope, schedule, quality and budget. 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MROWCO shall provide to CBBEL, on behalf of the Village of Mount Prospect (VILLAGE), consulting services for the acquisition of right of way for the Rand Road and Central Road Project (PROJECT). The PROJECT shall consist of the acquisition of approximately 20 parcels. MROWCO shall perform the following services: 1. Appraisals 2. Specialty Reports All of the above are described as specified in Exhibit A: Scope of Services attached hereto. VILLAGE shall compensate MROWCO for the services provided under this AGREEMENT as provided in Exhibit B: Compensation attached hereto. The total amount of compensation authorized by this agreement is not to exceed $97,500.00. Exhibit C: Terms and Conditions is attached hereto and made a part hereof. Submitted this 21st day of April, 2020. Accepted this'ith day of June '2020. Christopher B. Burke Engineering, Ltd. .0 Michael E. Kerr President 85 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services EXHIBIT A: SCOPE OF SERVICES MROWCO agrees to perform, at the direction of CBBEL, the following services: 1. Appraisals 2. Specialty Reports All services called for in this AGREEMENT will be conducted by an individual or individuals whose qualifications have been approved by the Illinois Department of Transportation, when applicable. All services within the scope of this AGREEMENT shall be performed, where applicable, in accordance with the IDOT Land Acquisition Policies and Procedures Manual, hereinafter referred to as the LAPPM. APPRAISALS Determinations of fair market value performed by the Appraiser shall be in accordance with the LAPPM. The Appraiser shall make a detailed inspection of the properties and make such investigations and studies as are necessary to derive sound conclusions for the preparation of appraisal reports. Valuations shall be prepared as outlined in the LAPPM. The format to be used shall be one of the following types as described in the LAPPM: • Non -Complex Appraisal Report • Complex Appraisal Report The Appraiser is to determine which type of appraisal format should be used for each parcel and obtain the VILLAGE'S concurrence. MROWCO shall provide a copy of an appraisal of each parcel together with Improvement Disposition Values form to be submitted to the VILLAGE for approval. Property needed shall be acquired by fee simple, dedication, permanent easement, temporary use permit, or temporary easement as determined and shown on the right of way plan furnished by CBBEL. It may be necessary for a completed appraisal to be updated for condemnation purposes or revised due to a change in the ROW plat or due to new information provided by the VILLAGE or CBBEL. These updates or revisions will be assigned to the Appraiser in a separate work order as the need arises. An Appraiser's revision of the appraisal due to the Review Appraiser's comments or corrections does not constitute an update or revision that would necessitate a separate work order. Page 2 of 10 86 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services On parcels that require the acquisition of a residence, it may be necessary for the Appraiser to perform an additional analysis to determine an allocated value for the residence and home site as separate from the whole parcel to be acquired. This would be needed for relocation purposes and is not to be included in the appraisal report. The cost for the additional appraisal analysis will be established in the work order for that appraisal. The Appraiser shall prepare a comparable sales brochure in accordance with the LAPPM for each project and as directed by the VILLAGE. The Appraiser shall prepare grids that compare comparable sales to the subject parcel, where appropriate. The Appraiser shall include land and improvement allocations in the comparable sales data section of all appraisals. The Non -Complex Appraisal Report and Complex Appraisal Report, and an updated or revised appraisal report, shall be deemed complete when an acceptable appraisal report is submitted by MROWCO and approved by the VILLAGE. Appearances in court and/or pretrial conferences, which include depositions and preparation time for depositions and court, may be required for the appraisal services requested herein. The time spent at such appearance or appearances shall be made upon request of the VILLAGE or its trial counsel and shall be paid for as specified in Exhibit B. Appraiser may be asked to perform a Cost Analysis for budgetary purposes. Appraiser may be asked to provide a Comparable Sales Book as an on-going assignment independent of individual appraisals. MROWCO staff may assist in the preparation of appraisal work. SPECIALTY REPORTS Specialty Reports performed by MROWCO must be in accordance with the LAPPM. It is MROWCO's responsibility to ensure that all items affecting the value of the property have been considered in the Specialty Report. MROWCO shall make sufficient inspection of the properties and make such investigations and studies as are necessary to derive sound conclusions to support the specialty report. Work is to be performed by a licensed Engineer, Architect, or appropriately licensed person in that specific field or MROWCO must certify that a bona fide employee working solely for MROWCO assisted in preparations of the report. If MROWCO is not qualified to perform assigned tasks, MROWCO may then employ the services of a qualified SUBCONTRACTOR. Page 3 of 10 87 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services The Specialty Report, and an updated or revised specialty report, shall be deemed complete when an acceptable Specialty Report is submitted by MROWCO and approved by the VILLAGE. Each Specialty Report shall be paid for as specified in Exhibit B. It may be necessary for a completed specialty report to be updated or revised due to a change in the ROW Plat. Each updated or revised specialty report shall be paid for as specified in Exhibit B. Appearances in court and/or pretrial conferences, which include depositions, may be required for the specialty report services requested herein. The time spent at such appearance or appearances shall be made upon request of the VILLAGE or its trial counsel and shall be paid for as specified in Exhibit B. Page 4 of 10 L.E. Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services EXHIBIT B: COMPENSATION The services to be provided by MROWCO under this agreement shall be assigned and compensated as provided in the table below. Task Appraisal—Fee/Temporary Easements Appraisal —Temporary Easements Specialty Report Total: Fee Parcels Total $5,000.00 13 $65,000.00 $2,500.00 7 $17,500.00 $5,000.00 3 $15,000.00 $97,500.00 The sum total of all services provided for in this AGREEMENT shall not exceed $97,500.00. It is understood that appearances in court and pretrial conferences may be required in relation to the negotiation services called for herein and it is agreed that such appearance or appearances shall be made upon request of VILLAGE or its trial counsel. In event of such services being requested, they will be provided as follows: (a) Rate each half day or fraction thereof for time spent in pretrial conference $1,000.00. (b) Rate each half day or fraction thereof for time spent in court $1,000.00. The fees for services shall include all transportation, food, lodging, telephone, or any other operating expenses incurred by MROWCO in the performance thereof. Page 5 of 10 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services EXHIBIT C: TERMS AND CONDITIONS 1. Parcels CBBEL shall provide MROWCO with relevant plats of highways, legal descriptions and construction plans for each parcel to be acquired. Each parcel shall consist of one or more basic parcels of land required as right of way for highway purposes to be acquired in fee simple title, and such other easements (temporary or permanent) for uses incidental to construction of the highway but which are not considered as part of the highway right of way, all of which are under the same ownership involving a complete contiguous parcel. 2. Termination CBBEL may terminate this AGREEMENT at any time and for any cause by a notice in writing to MROWCO. In the event of such termination, payment will be made to MROWCO for any completed services. Services in the process of completion shall be compensated for on an equitable basis and all incomplete parcel data collected in connection with them shall be turned over and become the property of the VILLAGE; provided, however, this AGREEMENT be terminated solely because the progress or quality of work is unsatisfactory as determined by the VILLAGE or CBBEL accepting this AGREEMENT, then no payment will be made or demanded by MROWCO for any services which have not been completed and delivered to CBBEL and the VILLAGE prior to the date of said termination. 3. Project Materials a. It is understood and agreed that the VILLAGE shall be considered the sole owner of all plats, legal descriptions, ownership and occupancy records, forms of deeds and easements, title reports, and any and all other material furnished, prepared or obtained by MROWCO during the course of providing its services for the parcel and shall be maintained in a separate parcel file for the parcel assigned. MROWCO will provide a copy of the original file of the parcel during the course of the project to VILLAGE. MROWCO will provide a timely update of all documents that pertain to the parcel during the course of the project. Upon completion of the project the original file will be delivered to VILLAGE. Upon termination of this AGREEMENT for any cause or upon completion of the acquisition of the parcel or upon request of VILLAGE when acquisition is determined to be by Eminent Domain proceedings, MROWCO's parcel file shall be delivered to the VILLAGE. MROWCO'S parcel files shall be available for inspection or review of its contents by VILLAGE, Illinois Department of Transportation or Federal Highway Administration personnel at any time. b. Electronic copies shall be provided unless VILLAGE requests to the contrary. Page 6 of 10 90 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services 4. Records Preservation MROWCO shall maintain, for a minimum of five years after the completion of the AGREEMENT, adequate books, records, and supporting documents to verify the amount, recipients, and uses of all disbursements of funds passing in conjunction with the AGREEMENT; the AGREEMENT and all books, records, and supporting documents related to the AGREEMENT shall be available for review and audit by the VILLAGE Auditor; and the MROWCO agrees to cooperate fully with any audit conducted by the Auditor and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Section shall establish a presumption in favor of the VILLAGE for the recovery of any funds paid by the VILLAGE under the AGREEMENT for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 5. Consultant Certifications and Representations a. MROWCO certifies that MROWCO has read the certifications and assurances described in this AGREEMENT and in the Standard Provisions, and certifies that Katherine D. Mathewson's signature on the AGREEMENT constitutes an endorsement and execution of each certification and assurance as though each were individually signed, and made on behalf of the contracting entity and its officers and each individual authorized to do work for the VILLAGE under this AGREEMENT. b. MROWCO under penalties of perjury, certifies that 20-3870734 is its correct Federal Taxpayer Identification number. It is doing business as a Corporation. c. MROWCO certifies that it is not in default on an educational loan. d. MROWCO certifies that it is not barred from bidding on State of Illinois AGREEMENTS because of violations of State law regarding bid rigging or rotating. 720 ILCS 5/33E -3,33E-4. e. MROWCO certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this AGREEMENT, or if a corporation, partnership, or other entity with 25 or more employees, have completed and signed a "DRUG-FREE WORKPLACE CERTIFICATION" f. MROWCO, under penalty or perjury under the laws of the United States, certifies that the company or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: i. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Page 7 of 10 91 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services ii. has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; iii. does not have a proposed debarment pending; and iv. has not been indicted, convicted, or the subject of a civil judgment by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. g. MROWCO certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois nor has MROWCO made admission of guilt of such conduct which is a matter of record, nor has any official, officer, agent, or employee of this company been so convicted nor made such an admission. h. MROWCO is hereby notified that the VILLAGE, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and Title 49, Code of Federal Regulations, Part 21, issued pursuant to such Act, will affirmatively insure that any AGREEMENT entered into pursuant to this AGREEMENT will be awarded without discrimination on the grounds of race, color, or national origin. MROWCO warrants and represents that it is fully qualified to provide the services hereunder provided for in this Agreement. 6. Disclosures a. MROWCO hereby certifies that if any conflict of interest arises, in any of the parcels subsequently assigned to it, it will immediately, within 5 business days of receipt, inform the VILLAGE accepting this AGREEMENT and return all material furnished to him for reassignment to others. b. It is understood and agreed that Appendices A and B shall be a part of this AGREEMENT and MROWCO agrees to be bound by the terms and provisions contained herein. c. MROWCO warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this AGREEMENT, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for it, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the AGREEMENT. For breach or violation of this warranty, the VILLAGE shall have the right to annul this AGREEMENT without liability. Page 8 of 10 92 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services 7. Indemnity MROWCO will indemnify and hold harmless the VILLAGE from all claims and liability due to activities of himself, its agents, and its employees and will comply with all Federal, State, and local laws and ordinances. 8. Insurance MROWCO shall obtain Commercial General Liability in a broad form, to include but not be limited to, coverage for the following where exposure exists: Bodily Injury and Property Damage, Premises/Operations, Independent contractors, Products/Completed Operations, Personal Injury, Professional Liability and contractual Liability; limits of liability not less than: $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Business Auto Liability to include, but not be limited to, coverage for the following where exposure exists: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership; limits of liability not less than: $1,000,000.00 per occurrence, combined single limit for Bodily Injury and Property Damage Liability. Workers' Compensation Insurance will cover all employees that meet statutory limit in compliance with applicable state and federal laws. The coverage must also include employer's liability with minimum limits of $100,000.00 for each incident. VILLAGE shall be provided with Certificates of Insurance evidencing the above required insurance prior to the commencement of services and thereafter with the certificates evidencing renewals or changes to said policies of insurance at least fifteen (15) days prior to the expiration or cancellation of any such policies. VILLAGE shall be named as additional insured on all liability policies, and MROWCO acknowledges that any insurance maintained by VILLAGE shall apply in excess of, and not contribute to, insurance provided by MROWCO. The contractual liability arising out of the AGREEMENT shall be acknowledged on the Certificate of Insurance by the insurance company. VILLAGE shall be provided with thirty (30) day prior notice, in writing, of Notice of Cancellation or material change and said notification requirements shall be stated on the Certificate of Insurance. 9. Breach Nothing herein shall be construed as prohibiting the parties to the AGREEMENT from pursuing any other remedies available to the parties for such breach or threatened breach, including recovery of damages from the parties. This provision shall survive any termination of this AGREEMENT. 10. Governing Law Terms of this AGREEMENT will be governed by Illinois law. Page 9 of 10 93 Christopher B. Burke Engineering, Ltd. Rand Road and Central Road Project Agreement for Land Acquisition Consulting Services 11. Transferability MROWCO agrees that this AGREEMENT or any part thereof will not be sublet or transferred without the written consent of CBBEL accepting this AGREEMENT. 12. Execution of AGREEMENT In the event this AGREEMENT is executed, it shall constitute a contract as of the date it is approved by CBBEL or its authorized representative and shall be binding on MROWCO, its executors, administrators, successors or assigns, as may be applicable. Page 10 of 10 94 CHRISTOPHER B. BURKE ENGINEERING, LTD. GENERAL TERMS AND CONDITIONS Relationship Between Engineer and Client: Christopher B. Burke Engineering, Ltd. (Engineer) shall serve as Client's professional engineer consultant in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into any joint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client. Nothing contained in this Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the Client or Engineer. Furthermore, causes of action between the parties to this Agreement pertaining to acts of failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion. 2. Responsibility of the Engineer: Engineer will strive to perform services under this Agreement in accordance with generally accepted and currently recognized engineering practices and principles, and in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, or otherwise. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any Agreement between the Client and any other party concerning the Project, the Engineer shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of the Client, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nor shall the Engineer be responsible for the acts or omissions of the Client, or for the failure of the Client, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended for the purposes described in such amendment and is signed by the Engineer. 3. Changes: Client reserves the right by written change order or amendment to make changes in requirements, amount of work, or engineering time schedule adjustments, and Engineer and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, if commercially possible. 4. Suspension of Services: Client may, at any time, by written order to Engineer (Suspension of Services Order) require Engineer to stop all, or any part, of the services required by this Agreement. Upon receipt of such an order, Engineer shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client, however, shall pay all costs incurred by the suspension, including all costs necessary to maintain continuity and for the 95 resumptions of the services upon expiration of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension, when the services are resumed, in the event that the period of suspension is greater than thirty (30) days. 5. Termination: This Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client, under the same terms, whenever Client shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by Engineer either before or after the termination date shall be reimbursed by Client. & Documents Delivered to Client: Drawings, specifications, reports, and any other Project Documents prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as, but not limited to reports, calculations, drawings, and specifications prepared for the Project, whether in hard copy or machine readable form, are instruments of professional service intended for one-time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic tape or disk, for information and reference in connection with the occupancy and use of the Project. When and if record drawings are to be provided by the Engineer, Client understands that information used in the preparation of record drawings is provided by others and Engineer is not responsible for accuracy, completeness, nor sufficiency of such information. Client also understands that the level of detail illustrated by record drawings will generally be the same as the level of detail illustrated by the design drawing used for project construction. If additional detail is requested by the Client to be included on the record drawings, then the Client understands and agrees that the Engineer will be due additional compensation for additional services. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, the Engineer reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the Engineer to an alternate system or format cannot be accomplished without the introduction of inexactitudes, anomalies, and errors. In the event Project Documentation provided to the Client in machine readable form is so converted, the Client agrees to assume all risks associated therewith and, to the fullest 96 extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineer's instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies, without limitation, to any use of the Project Documentation on other projects, for additions to this Project, or for completion of this Project by others, excepting only such use as may be authorized, in writing, by the Engineer. 7. Reuse of Documents: All Project Documents including but not limited to reports, opinions of probable costs, drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project. Any reuse, without specific written verification or adaptation by Engineer, shall be at Client's sole risk, and Client shall indemnify and hold harmless Engineer from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting therefrom. The Engineer shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Engineer's promotional and professional materials. The Engineer's materials shall not include the Client's confidential and proprietary information if the Client has previously advised the Engineer in writing of the specific information considered by the Client to be confidential and proprietary. 8. Standard of Practice: The Engineer will strive to conduct services under this agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as of the date of this Agreement. 9. Compliance VI/ith Laws: The Engineer will strive to exercise usual and customary professional care in his/her efforts to comply with those laws, codes, ordinance and regulations which are in effect as of the date of this Agreement. With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations (ADA), Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and, accordingly, retention of legal counsel (by Client) for purposes of interpretation is advisable. As such and with respect to ADA, Client agrees to waive any action against Engineer, and to indemnify and defend Engineer against any claim arising from Engineer's alleged failure to meet ADA requirements prescribed. 97 Further to the law and code compliance, the Client understands that the Engineer will strive to provide designs in accordance with the prevailing Standards of Practice as previously set forth, but that the Engineer does not warrant that any reviewing agency having jurisdiction will not for its own purposes comment, request changes and/or additions to such designs. In the event such design requests are made by a reviewing agency, but which do not exist in the form of a written regulation, ordinance or other similar document as published by the reviewing agency, then such design changes (at substantial variance from the intended design developed by the Engineer), if effected and incorporated into the project documents by the Engineer, shall be considered as Supplementary Task(s) to the Engineer's Scope of Service and compensated for accordingly. 10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of this contract fee (for services) from loss or expense, including reasonable attorney's fees for claims for personal injury (including death) or property damage to the extent caused by the sole negligent act, error or omission of Engineer. Client shall indemnify and hold harmless Engineer under this Agreement, from loss or expense, including reasonable attorney's fees, for claims for personal injuries (including death) or property damage arising out of the sole negligent act, error omission of Client. In the event of joint or concurrent negligence of Engineer and Client, each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties), which caused the personal injury or property damage. Engineer shall not be liable for special, incidental or consequential damages, including, but not limited to loss of profits, revenue, use of capital, claims of customers, cost of purchased or replacement power, or for any other loss of any nature, whether based on contract, tort, negligence, strict liability or otherwise, by reasons of the services rendered under this Agreement. 11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s) method of determining process, or over competitive bidding or market conditions, his/her opinions of probable Project Construction Cost provided for herein are to be made on the basis of his/her experience and qualifications and represent his/her judgement as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposal, bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 12. Governinq Law & Dispute resolutions: This Agreement shall be governed by and construed in accordance with Articles previously set forth by (Item 9 of) this Agreement, together with the laws of the State of Illinois. 4 98 Any claim, dispute or other matter in question arising out of or related to this Agreement, which can not be mutually resolved by the parties of this Agreement, shall be subject to mediation as a condition precedent to arbitration (if arbitration is agreed upon by the parties of this Agreement) or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Engineer's services, the Engineer may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. The Client and Engineer shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Requests for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 13. Successors and Assign : The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns: provided, however, that neither party shall assign this Agreement in whole or in part without the prior written approval of the other. 14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any provision, except for the particular instance. 15. Entire Understanding of Agreement: This Agreement represents and incorporates the entire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null, void & without effect to the extent they conflict with the terms of this Agreement. 16. Amendment: This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled "Amendment of Agreement". 99 17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to contravene or to be invalid under the laws of any particular state, county or jurisdiction where used, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 18. Eorce Majeure: Neither Client nor Engineer shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God, wars, strikes, walkouts, fires, natural calamities, or demands or requirements of governmental agencies. 19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor must be approved by Client in writing. 20. Access and Permits: Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries, overhead and fee) incident to any effort by Engineer toward assisting Client in such access, permits or approvals, if Engineer perform such services. 21. 'Designation of Authorized Representative: Each party (to this Agreement) shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party. 22. Notices: Any notice or designation required to be given to either party hereto shall be in writing, and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party to whom such notice is directed at such party's place of business or such other address as either party shall hereafter furnish to the other party by written notice as herein provided. 23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and the Engineer, the risks have been allocated such that the Client agrees that to the fullest extent permitted by law, the Engineer's total aggregate liability to the Client for any and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes, including attorney's fees and costs, and expert witness fees and costs, shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but are not limited to the Engineer's negligence, errors, omissions, strict liability or breach of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. M 100 24. Client's Responsibilities: The Client agrees to provide full information regarding requirements for and about the Project, including a program which shall set forth the Client's objectives, schedule, constraints, criteria, special equipment, systems and site requirements. The Client agrees to furnish and pay for all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services which the Client may require to verify the Contractor's Application for Payment or to ascertain how or for what purpose the Contractor has used the money paid by or on behalf of the Client. The Client agrees to require the Contractor, to the fullest extent permitted by law, to indemnify, hold harmless, and defend the Engineer, its consultants, and the employees and agents of any of them from and against any and all claims, suits, demands, liabilities, losses, damages, and costs ("Losses"), including but not limited to costs of defense, arising in whole or in part out of the negligence of the Contractor, its subcontractors, the officers, employees, agents, and subcontractors of any of them, or anyone for whose acts any of them may be liable, regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, and the giving of or failure to give directions by the Engineer, its consultants, and the agents and employees of any of them, provided such giving or failure to give is the primary cause of Loss. The Client also agrees to require the Contractor to provide to the Engineer the required certificate of insurance. The Client further agrees to require the Contractor to name the Engineer, its agents and consultants as additional insureds on the Contractor's policy or policies of comprehensive or commercial general liability insurance. Such insurance shall include products and completed operations and contractual liability coverages, shall be primary and noncontributing with any insurance maintained by the Engineer or its agents and consultants, and shall provide that the Engineer be given thirty days, unqualified written notice prior to any cancellation thereof. In the event the foregoing requirements, or any of them, are not established by the Client and met by the Contractor, the Client agrees to indemnify and hold harmless the Engineer, its employees, agents, and consultants from and against any and all Losses which would have been indemnified and insured against by the Contractor, but were not. When Contract Documents prepared under the Scope of Services of this contract require insurance(s) to be provided, obtained and/or otherwise maintained by the Contractor, the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore, any document provided for Client review by the Engineer under this Contract related to such insurance(s) shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk management department review any and all insurance requirements for adequacy and to determine specific types of insurance(s) required for the project. Client further agrees that decisions concerning types and amounts of insurance are 101 specific to the project and shall be the product of the Client. As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation, and the Client shall make the final decision regarding insurance requirements. 25. Information Provided by Others: The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors, and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the Client to the Engineer. 26. Payment: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as well as costs attributed to suspension of services accordingly and as follows: Collection Costs. In the event legal action is necessary to enforce the payment provisions of this Agreement, the Engineer shall be entitled to collect from the Client any judgement or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by the Engineer in connection therewith and, in addition, the reasonable value of the Engineer's time and expenses spent in connection with such collection action, computed at the Engineer's prevailing fee schedule and expense policies. Suspension of Services. If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Engineer may suspend performance of services upon five (5) calendar days' notice to the Client. The Engineer shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Client will reimburse Engineer for all associated costs as previously set forth in (Item 4 of) this Agreement. 27. When construction observation tasks are part of the service to be performed by the Engineer under this Agreement, the Client will include the following clause in the construction contract documents and Client agrees not to modify or delete it: 102 Kotecki Waiver. Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees, including without limitation claims under the Illinois Structural Work Act, asserted by persons allegedly injured on the Project; waives any limitation of liability defense based upon the Worker's Compensation Act, court interpretations of said Act or otherwise; and to the fullest extent permitted by law, agrees to indemnify and hold harmless and defend Owner and Engineer and their agents, employees and consultants (the "Indemnitees") from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, that the Indemnitees may sustain as a result of such claims, except to the extent that Illinois law prohibits indemnity for the Indemnitees' own negligence. The Owner and Engineer are designated and recognized as explicit third party beneficiaries of the Kotecki Waiver within the general contract and all subcontracts entered into in furtherance of the general contract. 28. Job Site Safety/Supervision & Construction Observation: The Engineer shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the Work since they are solely the Contractor's rights and responsibilities. The Client agrees that the Contractor shall supervise and direct the work efficiently with his/her best skill and attention; and that the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and safety at the job site. The Client agrees and warrants that this intent shall be carried out in the Client's contract with the Contractor. The Client further agrees that the Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work; and that the Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the subject site and all other persons who may be affected thereby. The Engineer shall have no authority to stop the work of the Contractor or the work of any subcontractor on the project. When construction observation services are included in the Scope of Services, the Engineer shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as otherwise agreed to by the Client and the Engineer to: 1) become generally familiar with and to keep the Client informed about the progress and quality of the Work; 2) to strive to bring to the Client's attention defects and deficiencies in the Work and; 3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. If the Client desires more extensive project observation, the Client shall request that such services be provided by the Engineer as Additional and Supplemental Construction Observation Services in accordance with the terms of this Agreement. The Engineer shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. The Engineer does not guarantee the performance of the 103 Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. When municipal review services are included in the Scope of Services, the Engineer (acting on behalf of the municipality), when acting in good faith in the discharge of its duties, shall not thereby render itself liable personally and is, to the maximum extent permitted by law, relieved from all liability for any damage that may accrue to persons or property by reason of any act or omission in the discharge of its duties. Any suit brought against the Engineer which involve the acts or omissions performed by it in the enforcement of any provisions of the Client's rules, regulation and/or ordinance shall be defended by the Client until final termination of the proceedings. The Engineer shall be entitled to all defenses and municipal immunities that are, or would be, available to the Client. 29. Insurance and Indemnification: The Engineer and the Client understand and agree that the Client will contractually require the Contractor to defend and indemnify the Engineer and/or any subconsultants from any claims arising from the Work. The Engineer and the Client further understand and agree that the Client will contractually require the Contractor to procure commercial general liability insurance naming the Engineer as an additional named insured with respect to the work. The Contractor shall provide to the Client certificates of insurance evidencing that the contractually required insurance coverage has been procured. However, the Contractor's failure to provide the Client with the requisite certificates of insurance shall not constitute a waiver of this provision by the Engineer. The Client and Engineer waive all rights against each other and against the Contractor and consultants, agents and employees of each of them for damages to the extent covered by property insurance during construction. The Client and Engineer each shall require similar waivers from the Contractor, consultants, agents and persons or entities awarded separate contracts administered under the Client's own forces. 30. Hazardous Materials/Pollutants: Unless otherwise provided by this Agreement, the Engineer and Engineer's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials/pollutants in any form at the Project site, including but not limited to mold/mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic/hazardous/pollutant type substances. Furthermore, Client understands that the presence of mold/mildew and the like are results of prolonged or repeated exposure to moisture and the lack of corrective action. Client also understands that corrective action is a operation, maintenance and repair activity for which the Engineer is not responsible. June 13, 2005 PAProposals\Terms and Conditions\GT&C 2005.061305.doc 10 104