6:00 PM CITY COUNCIL CHAMBERS

`

CITY COUNCIL

COMMITTEE OF THE WHOLE MEETING

JULY 28, 2021|6:00 PM

CITY COUNCIL CHAMBERS

Call to Order

Roll Call

Approval of Minutes of Previous Meetings – July 14, 2021

Items also on Council Agenda

A. Acceptance of the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program Grant ($23,930 grant) Objective: Utilize grant funds to offset the costs of maintaining neglected, abandoned properties throughout the City.

Special Presentations and Reports All items listed in section “Special Presentations and Reports” are for informational purposes only. As such, the city council is not expected to take action at this time on any item listed below.

B. Youth Empowerment Program Chief Lalley and Christopher Mallette of CKone, LLC will be providing information on the City’s new program for juvenile violence intervention and prevention.

Initiatives and Other Items

C. Agreement with School District U-46 for Continuation of School Resource Officers ($505,242) Objective: Provide a police presence within schools to promote student and staff safety and security.

D. Contract with One Source Productions, LLC for TV Production Programming and Video Services ($109,117) Objective: Continue to provide informative television programming that highlights City services and current events.

E. Agreement with Ramboll Americas Engineering Solutions, Inc. for the Wing Park Leaking Underground Storage Tank Site Investigation ($30,635) Objective: Conduct further site investigation at the Wing Park underground storage tank location in an effort to delineate the site, evaluate current groundwater conditions in response to Illinois Environmental Agency’s request and provide recommendations for remediation of the site.

COMMITTEE OF THE WHOLE AGENDA July 28, 2021

2

F. Acceptance of Plat of Easement for Sidewalk, Water Shutoff Access and Stormwater Management Purposes within the Site Located at 300 North State Street (No cost) Objective: Fulfill the City’s obligation to maintain reliable infrastructure for serving businesses and residents.

G. Acceptance of Public Improvements and Easement for Stormwater Management and Watermain Purposes within the Site Located at 1023 North Randall Road ($2,088 estimated five-year maintenance cost) Objective: Fulfill the City’s obligation to maintain reliable infrastructure for serving businesses and residents.

H. Acceptance of a Plat of Easement for Storm Water Management Purposes within the Site Located at 1300 Holmes Road (No cost) Objective: Fulfill the City’s obligation to maintain reliable infrastructure for serving businesses and residents.

I. Construction Engineering Services Agreement with Gewalt Hamilton Associates, Inc. for the 2021 CDBG Neighborhood Streets Resurfacing Project ($63,500) Objective: Provide field inspection, design interpretation, construction documentation, contract administration including all required documentation, coordination with Kane County and general coordination and control of the day-to-day construction activities for the resurfacing of various residential streets for the 2021 Community Development Block Grant Neighborhood Streets Resurfacing Project.

J. Construction Engineering Services Agreement with Chastain & Associates LLC for the 2021 Near West Neighborhood Resurfacing Project ($54,588) Objective: Provide field inspection, design interpretation, contract administration including all required motor fuel tax documentation, and general coordination and control of the day-to-day construction activities for the resurfacing of various residential streets for the 2021 Near West Neighborhood Resurfacing Project.

K. Amendment No. 1 to Engineering Services Agreement with Donohue & Associates, Inc. for Electrical Engineering Services ($300,000) Objective: Provide the City with engineering services to evaluate, design and provide construction services related to electrical improvements at the Leo Nelson Riverside and Airlite Water Treatment Plants.

L. Amendment No. 5 to Engineering Services Agreement with HR Green to Add Construction and Design Engineering Services to the Bluff City Boulevard Sewer Separation Project ($281,400) Objective: Provide engineering services for the Bluff City Combined Sewer Separation Project in order to strengthen the City’s neighborhoods.

M. Change Order No. 1 and Final for 2020 Miscellaneous Sewer Projects ($11,847) Objective: Improve Neighborhoods throughout the City with small sewer infrastructure improvements.


3

N. Purchase Agreement with Combined Fluid Products Company for Vacuum Priming System ($35,026) Objective: Provide adequate water supply by replacing aging equipment.

O. Purchase Agreement with Cummins Inc. for the Leo Nelson Riverside Water Treatment Plant Generator Controller Upgrade ($65,671) Objective: Replace the obsolete controllers with upgraded equipment at the Leo Nelson Riverside Water Treatment Plant to ensure reliability of backup power generators for the treatment and pumping of the City’s water supply.

P. Software Maintenance Agreement with Esscoe, LLC for Genetec Video Management System ($83,486) Objective: Provide continued support for the Genetec Video Management System which is utilized by the police department and other City departments.

Q. Amendment Agreement No. 1 with The Will Group for Construction Engineering and Administrative Services for the LED Street Light Conversion Program Phase 1 ($46,500) Objective: Provide field inspection, design interpretation, contract administration and general coordination and control of the day-to-day construction activities for the Phase 1 LED Street Light Conversion Program.

R. Review of City Council Rules of Procedure (No cost) Objective: Review city council rules of procedure as required by City ordinance.

S. Contract with the Horton Group for Employee Benefit Consulting Services ($72,000) Objective: Award a contract for health, vision, dental and life insurance solicitation and negotiation and support services for employees.

T. Revisions to the Management/Non-Bargaining Unit Pay Plan (No cost) Objective: Update the management pay plan to reflect elimination of positions and addition of others.

U. Cul-de-Sac Parking Regulations for Various Streets within the City (No cost) Objective: Approve parking regulations on several cul-de-sacs to enhance service delivery.

V. Resolution Authorizing Administrative Demolition Approvals for Blighted Residential Properties (No cost) Objective: Provide staff the ability to authorize property demolitions for “fast-track” demolition properties to allow for compliance with statutorily prescribed timelines.

Announcements from Council

Announcements from Staff


4

Executive Session

W. Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c)(5) of the Open Meetings Act

Adjournment

PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-6076 or TT/TDD (847) 931-5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons.

AGENDA ITEM: A MEETING DATE: July 28, 2021

ITEM: Acceptance of the Illinois Housing Development Authority’s Abandoned Residential Property Mu-nicipal Relief Program ($23,930) OBJECTIVE: Utilize grant funds to offset the costs of maintaining neglected, abandoned properties through-out the City. RECOMMENDATION: Authorize a resolution accepting funding from the Illinois Housing Development Authority for property maintenance assistance in the amount of $23,930. The department of neighborhood services applied for and was selected to receive funding through the Illinois Housing Development Authority’s (IHDA) “Abandoned Residential Property Municipal Relief Program” (APP) grant program. The City is being awarded reimbursable funds for property maintenance activities such as tree removal, grass/weed cutting and board up services for vacant and abandoned properties throughout the City. BACKGROUND Program Background Each year the City expends resources maintaining properties that have unresponsive or uncaring owners, are in significant disrepair and that present an on-going hazard or unattractive nuisance to the community. In these instances, after code violations have gone unattended, the City will incur the costs for maintenance such as cutting grass, boarding up windows or removing dead and hazardous trees. The costs for these services are then billed to the property owner of record. During typical real estate transactions, these costs are recouped as the City will not issue a trans-fer stamp without past due amounts being paid in full. The properties contemplated within this item represent a small portion of Elgin’s overall housing market. In these instances, the City does not recoup monies due to the property falling into foreclosure and becoming subject to County auctions. At which point property liens are not paid back to the City.

2

In short, a very small subset of property owners’ apathy forces the City to subsidize maintenance of their properties. In recognition of this occurrence, the IHDA, provides funding for municipali-ties to offset these activities. Funding for the APP is derived solely from foreclosure filing fees paid by lending institutions and collected by the county clerk in which the foreclosure is filed.

The City has previously been awarded funding under this program in 2014 and 2017 in the amount of $27,000 and $75,000, respectively. Using funds in 2014, the City demolished a long-standing vacant home and created a public park in 2014-2015. The park, named Trillium Park, sits on two-acres of what is now a passive greenspace with trails and benches. Trillium Park was built in partnership with the City of Elgin, what was Neighborhood Housing Services of the Fox Valley, Ellis Middle School and local residents. Additional funding from the APP program in 2017 helped the City continue to provide maintenance on abandoned and vacant properties.

Funding as a Complement with Existing Initiatives Addressing vacant properties accounts for a disproportionate amount of staff time; time fielding complaints, conducting inspections, issuing violations, court summons and citations to property owners that simply do not care, comply or respond. The City has utilized a third party to admin-ister its vacant housing registry since its inception in 2012. That program has seen success, from a high point of approximately 2,000 properties to roughly 150 today. While much of this is at-tributable to market conditions, the program has helped establish relationships with property owners as well as identify the more recalcitrant owners. The intervening ten years of the program has eliminated many of the "quick wins" when it comes to vacant properties. Those that remain are the less engaged owners whose neglect for their properties continues to fall on the backs of Elgin taxpayers. Funding through the APP relieves a portion of that burden. This population of “less engaged” owners are also being addressed – in a more permanent man-ner – using another IHDA funding source, the Strong Communities Program (SCP). That award provides much needed funds for demolishing up to ten of the most degraded properties within the City. However, the process for demolition can be drawn out and fraught with delays. In the interim, there is still a need to maintain these properties to the best of the City's abilities. The APP grant provides a complement to the SCP by affording maintenance funds during the demo-lition proceedings. In addition, there are properties beyond those ten that will continue to de-grade and require intervention by the City. OPERATIONAL ANALYSIS The City has two years under the terms of the grant to seek reimbursement for maintenance activities. From 2019 to 2020, excluding vacant building registry and demolition costs, the City spent approximately $10,000 per year maintaining vacant homes. The grant covers two years of maintenance activities (approximately $20,000). The grant also includes approximately $3,000 in retroactive costs from 2020 that are eligible for reimbursement.

3

INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The City will complete projects and submit maintenance costs for reimbursement, resulting in no budget impact. Grant revenues will cover demolition expenditures. BUDGET IMPACT

FUND ACCOUNT(S) PROJECT # AMOUNT BUDGETED

AMOUNT AVAILABLE

N/A N/A N/A N/A N/A LEGAL IMPACT An resolution formally accepting the funds and approving a grant agreement is attached. ALTERNATIVES The city council may elect to not accept these funds. NEXT STEPS Authorize the attached resolution.

Originators: Aaron Cosentino, Neighborhood Services Director Final Review: Debra Nawrocki, Chief Financial Officer

William A. Cogley, Corporation Counsel Richard G. Kozal, City Manager

ATTACHMENTS

A. Acceptance Resolution

Resolution No. 21-xx

RESOLUTION ACCEPTING A GRANT FROM THE ILLINOIS HOUSING DEVELOPMENT

AUTHORITY’S ABANDONED RESIDENTIAL PROPERTY MUNICIPAL RELIEF PROGRAM AND AUTHORIZING EXECUTION OF A FUNDING AGREEMENT

RELATING THERETO

WHEREAS, the City of Elgin, Illinois (the ‘‘Recipient’’) has been awarded a grant (the ‘‘Grant’’) from the Illinois Housing Development Authority (the ‘‘Authority’’) program administrator of the Abandoned Residential Property Relief Program (the ‘‘Program’’), as that Program is authorized by Section 7.31 of the Illinois Housing Development Act, 20 ILCS 3805/1 et seq. (the ‘‘Act’’), and the rules promulgated under the Act and codified at 47 Ill. Admin. Code 381, as may be amended from time to time.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Recipient shall enter into the Funding Agreement (the ‘‘Agreement’’) with the Authority wherein the Authority agrees to make the Grant to the Recipient in an amount not to exceed Twenty-Three Thousand Nine Hundred Twenty-Eight and 00/100 Dollars ($23,928.00), which shall be used by the Recipient for eligible uses in connection with the maintenance and demolition of abandoned residential properties within the Recipient’s jurisdiction, all in accordance with the terms and conditions set forth in the Agreement.

BE IT FURTHER RESOLVED, that the Mayor of the Recipient is hereby authorized and empowered to execute and deliver in the name of or on behalf of the Recipient the Agreement and any and all amendments, modifications and supplements thereto, and to execute and deliver such additional documents, instruments and certificates, as may be necessary or desirable for the Recipient to perform its obligations under the Agreement.

BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to take such additional actions, to make further determinations, to pay such costs and to execute and deliver such additional instruments (including any amendments, agreements or supplements) as the Mayor deems necessary or appropriate to carry into effect the foregoing resolutions.

BE IT FURTHER RESOLVED, that the Recipient hereby ratifies, authorizes and confirms and approves all documents and instruments executed in connection with the Grant and the Agreement, including those acts taken prior to the date hereof.

_______________________________________ David J. Kaptain, Mayor

2

Presented: July 28, 2021 Adopted: Vote: Yeas Nays Recorded: Attest: _________________________ Kimberly A. Dewis, City Clerk

AGENDA ITEM: B MEETING DATE: July 28, 2021

YOUTH EMPOWERMENT PROGRAM

Chief Lalley and Christopher Mallette of CKone, LLC will be providing information on the City’s new program for juvenile vi-olence intervention and prevention.

AGENDA ITEM: C MEETING DATE: July 28, 2021

ITEM: Agreement with School District U-46 for Continuation of School Resource Officers ($505,242) OBJECTIVE: Provide a police presence within schools to promote student and staff safety and security. RECOMMENDATION: Approve the agreement with School District U-46 for officer salary reimbursement relating to officers assigned to the School Resource Officer Program in the amount of $505,242. The City has partnered with School District U-46 since 1987 to provide school resource officers at Abbott, Ellis, Kimball and Larsen middle schools and at the Elgin, Larkin and Gifford Street high schools. This partnership has a proven history of youth conflict identification, resolution and de-terring violent and criminal incidents occurring in and around Elgin’s schools. The police presence also fosters strong partnerships between the department and school staff and creates a positive relationship with students. The agreement requires the school district to reimburse the City approximately $505,242 of the approximately $1,114,092 annual wage and benefit costs for seven police officers. BACKGROUND The City and School District U-46 implemented a school liaison program in 1987. Through this program, now referred to as the “School Resource Officer Program,” seven Elgin police officers are assigned full-time to the three high schools and four middle schools. A police officer’s pres-ence in a school fosters strong partnership between the department and school staff, as well as positive relationships with students. As part of their duties, resource officers respond to any calls for service that occur in their assigned school, provide safety and security and often assist trou-bled youth and their families through counseling or social service referrals. During the school district’s summer recess, resource officers return to the department for duty reassignment to include the facilitation of the department’s Kids United Program. The presence of resource offic-ers in schools is a valuable asset not only to Elgin’s youth population and those who serve them, but to the entire community.

2

OPERATIONAL ANALYSIS The proposed agreement with School District U-46 enables the department to continue an exist-ing community partnership that has a proven history of youth conflict identification, response and resolution and deterring violent and criminal incidents that occur in and around Elgin’s schools. This proposed agreement also reduces demands placed upon Elgin’s patrol officers by keeping them at assigned areas so they are not dispatched to incidents at a school that can be addressed by the assigned resource officer. For the 2020/2021 school year, School Resource Officers adapted to new challenges faced by schools due to COVID-19 and continued to provide services in each school covered by the agree-ment. School Resource Officers assisted staff and teachers with activities such as food distribu-tion, welfare checks and other needed ancillary duties. Both high schools had children ages kin-dergarten through eighth grade present in the buildings under an agreement between U-46 and the Boys and Girls Club, and the School Resource Officers were present to assist. In October of 2020, the police department initiated a comprehensive review and analysis of the department’s response to interactions with youth specifically within the school environment. Part of this analysis reviewed the department’s Operation Homefront program that began in 2009 and served as a gang prevention program with many referrals originating from the school environment. Since the inception of the program, over 400 home visits with parents about pos-sible gang-related activity by a child have been conducted. The department has revised its ap-proach to juvenile violence, including Operation Homefront, and has contracted with CKone, LLC for the development of a juvenile violence intervention and prevention program that will provide for a more robust response to juvenile outreach, prevention and intervention. The program is in the final stages of being implemented and is called the Youth Empowerment Program. The goals of the program include decreasing juvenile violence, arrests, gang involvement (activity and membership) and high school dropout rates and increasing high school graduation rates. The Youth Empowerment Program will center on a multidisciplinary partnership between the police department, school district, community-based organizations and faith-based agencies. The program will seek to enhance open lines of communication, collaboration, planning and the exe-cution of strategy by the various agencies in the partnership for the sole purpose of providing access to juvenile violence intervention and prevention programs and initiatives. Grounded in restorative justice practices, which seek to understand and repair harm done while focusing on repairing relationships rather than punishment, the juvenile violence intervention and prevention program will utilize a community-based approach fostering open communication channels be-tween all partners so that mitigating factors surrounding incidents can be discussed before it reaches the level of actionable police involvement. The Youth Empowerment Program also seeks to reduce official police contact for juveniles and ultimately seeks to reduce arrests and contacts within the school environment by a multidisciplinary partnership that includes the police depart-ment’s special investigations unit, school resource officers, community members, social service providers and community-based organizations. For the 2021/2022 school year, the Youth Em-powerment Program will be operational.

3

INTERESTED PERSONS CONTACTED Department members and School District U-46 staff discussed the costs and benefits associated with maintaining this agreement. FINANCIAL ANALYSIS The annual wage and benefit cost of seven police officers is approximately $1,114,092. This 2021/2022 school year agreement requires District U-46 to reimburse the City for the wages of seven officers for days school is in session. This results in a $505,242 reimbursement to the City, plus overtime costs incurred by police liaison officers relating to school sponsored activities and events. The 2020/2021 contract reimbursement to the City was $505,242. The remainder of the officers’ annual salary and benefits is approximately $608,850 and will be funded by the City (see attachment A). BUDGET IMPACT


AMOUNT AVAILABLE

General 010-2304-731.01-01 N/A $5,552,230 $2,607,300 LEGAL IMPACT None. ALTERNATIVES The city council may elect to not enter into an agreement with School District U-46, possibly resulting in School Resource Officers being removed from Elgin schools. NEXT STEPS Finalize the acceptance of the agreement.

4

Originators: Ana Lalley, Chief of Police Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager

ATTACHMENTS A. U-46 Agreement Regarding School Resource Officer Program

Page 1 of 15

AGREEMENT

BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR A

School Resource Officer

This Agreement is entered into this ______ day of _______, by and between the CITY OF ELGIN, Illinois,

a municipal corporation (the "City") and the Board of Education of School District U-46 (the “District”).

WHEREAS, the District desires to have, on a contract basis, School Resource Officers (“SROs”) detailed

to the District’s Schools.

WHEREAS, the City is willing to provide such SROs in exchange for the payment outlined in this

Agreement; and

WHEREAS, both the 1970 Illinois Constitution, (Article VII, Section 10) and the Intergovernmental

Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage intergovernmental cooperation; and

WHEREAS, both the City and the District are interested in promoting the safety and security of the staff,

students and school premises in the District; and

WHEREAS, the City and the District have previously entered into Intergovernmental Agreements

regarding the same subject matter as this Agreement, and the parties hereto intend that all such previous

Intergovernmental Agreements regarding the subject matter hereof are hereby terminated, and that this Agreement

shall supersede and supplant any and all such prior Intergovernmental Agreements between the parties hereto

regarding the subject matter hereof.

NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this

Agreement, the parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS

The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth herein.

SECTION 2. TERM

The services under this Agreement shall commence on August 9, 2021 and continue in full force and effect

until June 10, 2022.

Page 2 of 15

SECTION 3. PURPOSE

The purpose of the School Resource Officer Program is to facilitate, promote, and help maintain a safe,

secure, and nurturing school learning environment that is flexible in meeting the academic, social, and emotional

needs of each student. By establishing a working relationship with school personnel, a cooperative effort to

prevent juvenile delinquency is formed.

It is the responsibility of District teachers and other District educators to respond to inappropriate student

behavior in a way that supports personal growth and learning opportunities for all students. It is further the goal

of the District that school discipline be administered through the Student Code of Conduct focusing on keeping

students within the classroom setting. School-based infractions shall be addressed primarily by using student

based interventions that improve school safety and academic performance for all (e.g. classroom interventions,

counseling services, restorative justice, peer mediation, etc.), and not focused primarily on using exclusionary,

punitive measures or arrests.

SECTION 4. OBLIGATIONS AND RESPONSIBILITIES OF CITY OF ELGIN THROUGH ITS

POLICE DEPARTMENT

4.0 Provide Police SROs to the District for Interview

If and when the position of SRO is vacant, the City's Police Department will provide to the District

qualified candidates to interview. The selection process will include a collaborative interview process of the

qualified applicants by the school and District administration, and other police department administration. After

the interview process, the District shall provide the City their order of preference in candidates. The final selection

shall be made by the City’s Chief of Police in her sole discretion. The Police Department candidates must have

the following training and qualifications:

(a) Special interest and understanding of juveniles, Juvenile Law, constitutional protections,

and their problems and concerns;

(b) Strong, effective leadership abilities;

Page 3 of 15

(c) Positive, proactive attitude; excellent interpersonal and problem-solving skills; ability to

resolve conflicts; verbal, written communication;

(d) Self-motivated; ability to work with minimal supervision;

(e) Ability to interact effectively and productively with the Police Department, courts, school

staff, students and parents;

(f) Experience in and knowledge of drug and gang awareness;

(g) Non-probationary police employee;

(h) Excellent attendance record.

4.0.1 Training and Professional Development

(a) The City shall be responsible for the training standards of the SRO’s assinted to the schools

as established by the Illinois Law Enforcement Training Standards Board under 50 ILCS

705/10.22. The police department shall provide evidence of the training completion to the

District upon request.

(b) The School District shall provide the two professional development training sessions for

school resource officers each year. These two training sessions are required by all SRO’s

annually:

i) Crisis Prevention Institute (CPI) Non-Violent Crisis Intervention foundation course

Modules 1, 2, 3, 4, 7 and 8 (not including any physical safety or physical

holds/restraints – Modules 5 and 6). This is a 6 hour professional development

course used for U-46 staff. The purpose of this training for SROs is to develop

common language, common awareness, and common response familiarity when U-

46 staff and SROs respond to student escalations.

1) This course will be provided in August of each school year by a U-46 CPI

Certified Instructor coordinated by the School Safety Department.

Page 4 of 15

ii) Student Special Needs Awareness in Autism and Special Education. This

professional development will be provided by the U-46 Student Specialized

Services department and includes an overall awareness and situational

understanding of students with special needs. This training session will be 2.5

hours and be provided by a U-46 professional from the Student Specialized

Services department.

4.1 Organizational Relationships:

The Police Department shall assign to the District on a full-time basis the officer chosen to act as the SRO.

The SRO shall report to the school’s principal or principals. However, the SRO shall remain an employee of the

City and all personnel rules applicable to the City police officers shall continue to apply to the SRO, and the SRO

will at all times abide by all personnel rules of the Police Department. Moreover, the City shall be fully

responsible for all employee-related obligations.

4.2 Duties and Responsibilities of SRO

The Police Department and District, in order to ensure an efficient and cohesive SRO program, will build

a positive relationship between law enforcement, students, and school employees. The goal of the program is to

reduce crime, create a safe school environment, and provide a law enforcement resource to school administrators,

teachers, and students. The duties and responsibilities of the SRO assigned to the District shall include, but not

be limited to, the following:

(A) SROs act in accordance with the recommended TRIAD roles of 1) law enforcement officer,

2) teacher, and 3) informal counselor/mentor, but do not enforce school rules or policies or

become involved with matters that are strictly student code of conduct issues.

(B) Promote safety in and around the school by coordinating both parties’ efforts to provide a

safe and nurturing school learning experience that is flexible in meeting the academic,

social, and emotional needs of each student;

(C) Violence prevention activities with students and led by students.

Page 5 of 15

a. SROs will serve in a security support role and participate in violence prevention

activities that are developed by school administrators and teachers, in an effort to

develop and enhance student voice and student leadership in violence prevention

and violence prevention activities. An example of a program that works to enhance

these activities, and is supported by U-46 District Administration, is the Sandy

Hook Promise program and the two current student activities needing school

administration and SRO support include:

i. Start with Hello program (Bullying prevention, relationship building,

climate and culture)

ii. Say Something (for violence prevention)

(D) Run, Hide, Fight – School Safety Law Enforcement Drills based on FEMA IS-907; Active

Shooter;

What you can do. The SRO will:

a. Serve as their assigned school’s point of contact for school safety drills, attending

all Run, Hide, Fight school safety drills, providing after action feedback to

principals, school administration and staff.

b. Serve as the liaison between their school administration and the police department

for any training, pre-planning, response planning and coordination with the

District’s Sfaety Department.

(E) Provide information and give presentations to students, staff and parents to support and

empower schools to be welcoming centers of family and community engagement;

(F) Appear and testify in court proceedings as necessary, unless said appearance and/or

testimony would interfere with any pending or reasonably contemplated law enforcement

proceedings and/or criminal investigation;

Page 6 of 15

(G) Be proactive regarding patterns of delinquency, juvenile violence activity and problem

areas around the school to strive toward prevention, operational excellence and efficiency;

(H) Provide security assistance with managing escalated and agitated individuals, crowd

control and vehicle traffic patterns to strive toward prevention, operational excellence and

efficiency;

(I) Maintain open communication with school personnel in an attempt to identify individuals

or conditions that could result in delinquent behavior, formulate prevention plans and

identify proactive solutions;

(J) Maintain and report to the District a record of reported criminal incidents and arrest activies

for the specific school designated for the reporting officer.

4.3 District and City to agree on Modifications to Duties and Responsibilities

The District retains the right to add, delete, and update essential job duties and responsibilities as

necessary, subject to approval of the City.

4.4 Level of Service

Based upon the operational needs of the City's Police Department in any unusual circumstances as

determined by the Chief of Police, the level of service provided to District under this agreement shall be at the

discretion of the Chief of Police with adjustments in payments by the District accordingly.

4.5 Additional Services.

Any and all necessary backup services, including equipment and personnel, required to assist SROs in the

performance of their obligations under this Agreement shall be at the sole discretion and control of the Chief of

Police of the City.

4.6 Crime Reports and Notification of arrest or law enforcement action.

(a) SROs are required to submit a monthly crime report to the Coordinator of School Safety,

which includes reported crimes that occurred on school property.

Page 7 of 15

(b) Unless exigent circumstances exist, if the SRO or police officer working in the absence of

the SRO under this agreement, arrests a student for a criminal offense, the SRO will report

that arrest or law enforcement action to the school principal.

(c) Unless exigent circumstances exist, if the SRO or police officer working in the absence of

the SRO under this agreement, arrests a District school employee or contracted employee

for an offense related to their duties as employees or contracted employees of the School

District, the SRO or police officer working in the absence of the SRO under this agreement,

will report that arrest or law enforcement action to the school principal.

(d) SRO’s who are equipped with a body worn camera (BWC) will utilize the BWC during

the course of their official duties when on U-46 property as required by law. All recordings

made by such BWC’s shall constitute and be construed as records created and maintained

by the City of Elgin pursuant to Section 11.2 herein and all recordings resulting therefrom

shall be maintained and treated as required by law. The activation of a BWC in regards to

student matters is construed as a student record (see Section 11 – Student Records). In

order to document that a student record was created by the activation of a BWC, the

District’s student information system must have a behavior event entered by a school

administrator and the record must be indicated by a school administrator, checking the box

BWC to indicate that BWC video exists. If an SRO turns on their BWC during the course

of their official duties while at the school, the SRO shall notify their school principal when

appropriate. The principal will ensure the District’s student record system correctly

documents the behavior incident and the BWC indicator is marked properly. In the event

a student guardian requests their student records, the BWC indicator will be reported to the

parent and the school administration will direct the guardian to the police department to

FOIA the record if the guardian chooses.

Page 8 of 15

SECTION 5. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES FOR SRO

COMPENSATION

5.1 Payment

District shall reimburse the City for officers assigned to schools as provided for herein. Upon the selection

of any officer, the City shall provide the District with a statement in a form substantially similar to Exhibit A,

attached hereto and made a part hereof, setting forth the cost of the SRO as a non-probationary police officer’s

salary.

5.2 Overtime costs.

District further agrees to only pay the overtime cost incurred by the City wherever a principal or district

administrator requests the SRO for school sponsored events/activities. Said overtime costs will be the

responsibility of the District. An hourly overtime rate is included in Exhibit A. All overtime hours must first be

approved by the school’s principal. Oral requests for overtime services made less than 24 hours before the

commencement of the overtime shall constitute District approval of the overtime hours; all other requests for

overtime shall be in writing and delivered to the SRO more than 24 hours in advance of the commencement of

the overtime work. District will not pay unapproved overtime.

5.3 Overtime Reports.

All SROs will submit overtime reports on a weekly basis to the respective principals for approval on the

District’s designated form for accounting purposes. The SRO will also complete a City overtime form and submit

same for his/her supervisors for approval.

5.4 The City will pay the SRO’s costs as agreed upon and shall invoice District in 10 monthly

increments for District financial obligations as set forth above.

5.5 The City will bill the District on a monthly basis for all overtime costs.

SECTION 6. ACCOMODATIONS

The District will provide office space and the following commodities necessary to accomplish the

objectives set forth above: Private office, District computer with access codes, District office phone, District

Page 9 of 15

view capability of camera systems, Key Fob for the Electronic Access Control System, keys for

appropriate/necessary interior and exterior access, VLAN and IP based access through the District computer

network that allows the SRO access to municipal computer systems, District administrative level access on

District Internet access to conduct investigations, and a District two-way radio with frequencies for all District

schools and District area wide networks.

SECTION 7. STAFFING

The City will assign police SROs to serve as a SRO for the school calendar year, of which the SRO shall

work eight (8) hours per day. The City shall assign SROs to the following schools and/or assignments:

Abbott Middle School Elgin High School

Ellis Middle School Larkin High School

Larsen Middle School Dream Academy

Kimball Middle School

SECTION 8. ABSENCE OF EMPLOYEES

In the event of the unavailability of any SRO due to sickness, injury, use of benefit time, or any other

reason, such SRO shall be temporarily replaced by another City police employee as determined by the Chief of

Police at no additional cost to the District. The SRO may be required to attend training sessions during a duty

day. Said training sessions will be scheduled on school SIP, institution days and school holidays when possible.

In the event of any absence or other unavailability of any assigned SRO, any replacement shall be trained. In any

such instance, the City shall provide prompt notice to the applicable school as to the nature of the absence, the

expected duration, and the identity of the replacement SRO. This replacement is at the discretion of the principal.

SECTION 9. TERMINATION

Either party may terminate this Agreement at any time by providing the other party with at least 15 months

prior written notice of such termination. In addition, the parties may terminate this Agreement by mutual consent

and agreement. In the event of emergency, safety issue, or any other condition that constitutes a substantial threat

to the health or safety of students, employees or others at the school or District, as determined by the District in

Page 10 of 15

its sole reasonable discretion, the District may immediately suspend this Agreement until such condition has been

remedied to the District’s satisfaction.

SECTION 10. INDEMNIFICATION

10.1 The District shall and hereby does indemnify and hold harmless the City, its officials, officers,

agents, employees and assigns against any claims, demands, loss, costs and expenses, including reasonable

attorney’s fees for the defense thereof, arising from or in connection with the activities contemplated hereunder,

provided that said claims, demands, costs and expenses have not been caused by the negligence or willful

misconduct of the SROs, the City, its officers or employees.

10.2 The City shall and does hereby indemnify and hold harmless the District, its employees, volunteers

and agents against any claims, demands, loss, costs and expenses, including attorney’s fees for the defense thereof,

arising from or in connection with the willful and wanton misconduct of the SROs, the City, its police department

or its employees provided that said claims, demands, costs and expenses have not been caused by the willful and

wanton misconduct of the District, its employees, volunteers, and/or agents.

10.3 Notwithstanding any provisions herein to the contrary, this Agreement is entered into solely for

the benefit of the contracting parties, and nothing in this Agreement is intended, either expressly or impliedly, to

provide any right or benefit of any kind whatsoever to any person and entity who is not a party to this Agreement

or to acknowledge, establish or impose any legal duty to any third party. Nothing herein shall be construed as an

express and/or implied waiver of any common law and/or statutory immunities and/or privileges of the District

and/or City and/or any of their respective officials, officers, employees, volunteers and or/agents.

10.4 Notwithstanding any provisions herein to the contrary, the insurance company, self-insurance

pool, risk pool provider, self-insured party, or similar entity of the party providing the indemnification shall be

allowed to raise, on behalf of the other party, any and all defenses statutory and/or common law to such claim or

action which the other party might have raised, including but not limited to any defense contained within the

Illinois Governmental and Governmental Employees Tort Immunity Act, 75 ILCS § 10/1-101 et seq.

Page 11 of 15

SECTION 11. STUDENT RECORDS:

11.1 All records maintained or created by the school or its students shall be the sole property of the

District and shall be maintained at the District in accordance with all applicable State and Federal laws and

regulations. The parties further agree to comply with all state and federal laws and regulations governing the

release of these records. In addition, City and any person handling such records on its behalf shall comply with

the Illinois School Student Records Act, 105 ILCS 10/1 et seq., and all corresponding regulations to the extent

applicable.

11.2 All records maintained or created by the police department shall be the sole property of the City

and shall be maintained by the City in accordance with all applicable State and Federal laws and regulations. The

parties further agree to comply with all state and federal laws and regulations, including a reciprocal reporting

agreement, if applicable, governing the release of these records.

SECTION 12. GENERAL PROVISIONS

12.0 Amendment

Any terms or conditions of this Agreement may be deleted or altered only by written agreement to this

Agreement, duly executed by the City and the District.

12.1 Severability

If any provision of this Agreement shall be held or deemed to be, or shall in fact be inoperative or

unenforceable in any particular case or in all cases for any reason, this shall not render the provision in question

inoperative or unenforceable in any other case or circumstances, or render any other provisions herein contained

invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases,

sentences, clauses or sections contained in the Agreement shall not affect the remaining portions of the Agreement

or any part thereof.

12.2 Interpretation

Any headings of the Agreement are for convenience of reference only and do not define or limit the

provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders.

Page 12 of 15

Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate.

All references to any such person or entity shall be deemed to include any person or entity succeeding to the

rights, duties, and obligations of such person or entity succeeding to the rights, duties, and obligations of such

person or entity in accordance with the terms and conditions of the Agreement.

12.3 Assignment/Binding Effect

Neither party hereto may assign their respective rights and duties hereunder except upon prior written

consent of the other party. This Agreement shall be binding upon and inure to the benefit of the parties hereto

and their respective assigns, legal representatives and successors in interest.

12.4 Waiver of Breach

If either party waives a breach of any provision of this Agreement by the other party, that waiver will not

operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing

such provisions.

12.5 Merger Clause, Amendment

This Agreement sets forth all of the entire understanding of the parties relative to the subject hereof and

supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of

this Agreement shall be effective unless reduced to writing and executed by the parties hereto.

12.6 Counterparts

This Agreement may be executed in several counterparts each of which shall be an original and all of

which shall constitute but one and the same instrument.

12.7 Compliance with All Laws

The City and the District shall at all times observe and comply with the laws, ordinances, regulations and

codes of Federal, State, County and other local government agencies, which may in any manner affect the

performance of this Agreement.

12.8 Governing Law

Page 13 of 15

This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the

resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement

shall be in the Circuit Court of Kane County, Illinois.

12.9 Disclaimer of Relationship

Nothing contained in this Agreement, nor any act of the City or the District, respectively, shall be deemed

or construed by any of the parties hereto or by third persons, to create any relationship of a third-party beneficiary,

principal, agent, limited or general partnership, joint venture, or any association or relationship involving the City

or the District respectively.

12.10 Execution

This agreement may be executed in counterparts, each of which shall be an original and all of which shall

constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this

agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original

document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be

considered for these purposes as an original signature and shall have the same legal effect as an original signature.

Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as

an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed

by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a

defense to this agreement and shall forever waive such defense.

12.11 Notice

Any and all notices required to be delivered hereunder shall be deemed delivered when and if personally

delivered, or mailed by registered or certified mail, return receipt requested, postage prepaid (or sent by a

recognized overnight courier service with instructions and payment for delivery on the next business day) to the

parties as set forth below:

Page 14 of 15

If to the District: Superintendent

School District U-46 355 East Chicago Street

Elgin, IL 60120-6543 If to City:

Chief of Police CITY OF ELGIN

151 Douglas Avenue Elgin, IL 60120

Either party hereto may change the names and address of the designee to whom notice shall be sent by

giving written notice of such change to the other party hereto in the same manner as all other notices are required

to be delivered hereunder. Notice as provided herein does not waive service of summons or process.

CITY OF ELGIN SCHOOL DISTRICT U-46

By:________________________________ By:________________________________ City Manager President

Attest: Attest:

___________________________________ ___________________________________ City Clerk Secretary

Dated:______________________________ Dated:______________________________

F:\Legal Dept\Agreement\School District U-46-School Resource Office Agr-clean-5-20-21.docx

Page 15 of 15

EXHIBIT A:

COST WORKSHEET

2021-2022 CITY OF ELGIN Cost Worksheet

Annual

Number of payments

Number of officers Cost

Police Officer’s annual salary cost as provided $72,177.43 Number of school officers provided 7 Total cost of officers for schools $505,242.01 For billing purposes (Sept through June) 10 invoices Overtime hourly Rate for SRO for budgeting

$69.00

AGENDA ITEM: D MEETING DATE: July 28, 2021

ITEM: Contract with One Source Productions, LLC for TV Production Programming and Video Services ($109,117) OBJECTIVE: Continue to provide informative television programming that highlights City services and cur-rent events. RECOMMENDATION: Approve a multi-year agreement with One Source Productions, LLC for August 2021 – December 2023 television programming in the amount of $109,117. A multi-year agreement with One Source Productions, LLC is being recommended to continue providing regular Elgin television segments that are aired on the City’s public access channel as well as the City’s YouTube channel. One Source Productions is owned by Jeremy Hayes, who has long been a part of the “Elgin Today with Jeff Myers” program. Since renewing the contract in 2020, the program’s production quality has been updated and enhanced, including a new Spanish language segment. BACKGROUND The City first approved an agreement with BTE Video, Inc. in 2004 and launched Elgin’s govern-ment access programming with two shows, “Elgin Today” and “Elgin Up Close,” both featuring long-time Elgin on-air personality Jeff Myers. Residents have come to expect Jeff Myers at major community functions. Due to budgetary constraints in 2010, BTE’s contract was reduced from three monthly programs to one, reducing costs from approximately $75,000 to $37,000. The revamped “Elgin Today” in-cluded community segments highlighting events and City happenings along with a segment fea-turing the Mayor. The City has previously approved multi-year contracts with BTE, including a 2007 agreement that included a five percent increase in the second year of the agreement. A three-year agreement was signed in 2015 that included three percent increases in out-years. The City then executed a

2

thirteen-month contract as BTE planned to dissolve its business. With the show needing to oper-ate under a new production company, the City contracted with One Source Productions, LLC. Jeremy Hayes, the owner of One Source Productions, has long been a part of the Elgin Today with Jeff Myers production crew. Staff desired to gather resident feedback and evaluate the vendor landscape as outlined in the diversity and inclusion framework. A survey on the Elgin Today programming in late 2019 in-formed staff that most respondents were satisfied with the programming and found it to be reli-able and useful. About one-third of respondents indicated they speak Spanish, and about one-third of those respondents said they would like to see programming in Spanish. A request for proposals was then issued seeking a vendor that could offer one-third of the monthly program-ming in Spanish going forward, breaking down the program format into ten minutes is English, ten minutes in Spanish and a ten-minute special segment with the Mayor. Two responses were received, one being the incumbent and the other a Chicago-based production company. One Source Productions was the low bidder and was also favored for the company’s familiarity to Elgin and its community members and various community and City events, requiring minimal staff time to oversee content development and program operations. The one-year agreement approved in 2020 provided the opportunity to try out the new program format. The program’s production quality was updated with a new introduction, graphics, music and transitions. The Spanish segment has gained regular viewership as well, with segments bro-ken up and receiving strong engagement on the Al Día Con Elisa Facebook page. With confidence in the production and its new format, staff wishes to continue offering this programming with an extended commitment to One Source Productions for its services, consistent with former multi-year agreements. OPERATIONAL ANALYSIS The proposed agreement begins in August 2021 and continues through December 2023, posi-tioning any future contract renewals back on a calendar year schedule. The contract's scope of services includes a 30-minute monthly production of "Elgin Today," an interview-style program covering City-related events, departmental activities and news in both English and Spanish. The monthly production also includes a segment with Elgin's mayor and a guest. Video segments and clips are also broken up to be shared on social media. In addition to the monthly programming, the City’s annual Fourth of July Parade is expected to return in 2022. Consistent with previous years, this contract also includes video coverage of that event, which is then packaged and shared on the City’s YouTube and cable television channels. One Source Productions is responsible for all services, personnel and equipment necessary for production. Production includes topic development, research, script writing, coordination of talent, guests, locations, appropriate lighting, topical video b-roll, creation and inclusion of graphic elements/animations and editing for airing. One Source Production stays in contact

3

with the Communications Manager throughout the project execution, meeting as needed in person or by phone or email. “Elgin Today” and the Fourth of July parade coverage are broadcast on Government Access Chan-nel 17 for WOW and Comcast customers and Channel 99 for AT&T customers. “Elgin Today” is also posted to the City’s YouTube channel and segments are shared on social media. One Source Productions will provide the City with monthly invoices. The cost per monthly epi-sode for the remainder of 2021 is the same cost per episode under the current contract expiring at the end of July. In recognition of annual increased living expenses and inflation rates, the con-tract also includes a three percent increase to the cost per episode in 2022 and again in 2023. The three percent increase being recommended is consistent with the most recent multi-year agreement for this programming, executed in 2015. INTERESTED PERSONS CONTACTED Staff discussed terms agreement with Jeremy Hayes of One Source Productions. FINANCIAL ANALYSIS The cost per episode in January-July 2021 was $3,415. The proposed agreement provides that same cost per episode for the remainder of 2021. Consistent with previous multi-year contracts, this proposed agreement includes a three percent increase to the cost per episode in each con-secutive year. The cost for the Fourth of July Parade coverage in 2022 is a three percent increase from the cost for that video in 2019 when the parade last occurred. The proposed agreement also includes a three percent increase to that cost in 2023. The total for the 29 monthly episodes, along with two Fourth of July Parade coverage videos, in this proposed agreement is $109,117.

BUDGET IMPACT

FUND ACCOUNT PROJECT # AMOUNT BUDGETED

AMOUNT AVAILABLE

General 010-0302-711.30-99 N/A $46,000 $22,095

2021 (Aug-Dec) 2022 2023 Episode Cost Annual Episode Cost Annual Episode Cost Annual Monthly $3,415 $17,075 $3,517 $42,204 $3,623 $43,476 Fourth of July Parade n/a n/a $3,134 $3,134 $3,228 $3,228

Contract Total

Aug-Dec 2021 $17,075 2022 Total $45,338 2023 Total $46,704 $109,117

4

The 2021 project budget is listed above. There is enough funding available to fund the remain-ing 2021 episodes. Funding for 2022-2023 is subject to budget approval by city council. LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance which requires approval by two thirds of the members of the city council. ALTERNATIVES If the item is not approved, the City will not provide “Elgin Today” programming going forward. NEXT STEPS Execute contract with One Source Productions, LLC.

Originators: Molly Gillespie, Communications Manager Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager ATTACHMENTS A. Contract with One Source Productions, LLC for TV Production Programming

CITY OF ELGIN AGREEMENT FOR TV Production Programming, Video Services

This Agreement is made and entered into this _____ day of August, 2021 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and One Source Productions, LLC incorporated in the state of Illinois and having a principal place of business at 58 S. Crystal Avenue, Unit 3, Elgin, IL 60123 ("the CONTRACTOR").

ARTICLE I. DEFINITION. “THIS CONTRACT” as used herein shall mean this Agreement and all attachments hereto, including the “Video Programming Services Scope of Work,” attached hereto and incorporated herein by this reference. The CONTRACTOR agrees to provide the goods and/or services all in accordance with THIS CONTRACT.

ARTICLE II. SCOPE OF WORK. The CONTRACTOR shall provide video production services as outlined in Attachment A for twenty nine (29) Elgin Today programs for August 2021 through December 2023, inclusive one per month and video production services for the 2022 and 2023 Fourth of July Parade. The cost for such video production services shall be in accordance with the following schedule:

The CITY will make payment on a monthly basis, as the programs are completed and an invoice for the same is received. ARTICLE III. DURATION. THIS CONTRACT shall commence effective August 1, 2021, and shall terminate on December 31, 2023, unless terminated sooner in accordance with the terms and provisions of THIS CONTRACT;” provided, however, that the CITY shall have the right, at its sole option, to renew this

2021 (Aug-Dec) 2022 2023 Episode Cost Annual Episode Cost Annual Episode Cost Annual Monthly $3,415 $17,075 $3,517 $42,204 $3,623 $43,476 4th of July n/a n/a $3,134 $3,134 $3,228 $3,228

Contract

Total

2021 Total $17,075 2022 Total $45,338 2023 Total $46,704 $109,117

2

Agreement on for one (1) additional three-year term upon written notice to the CONTACTOR.

ARTICLE IV. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the following: (i) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen (14) days prior written notice.

ARTICLE V. DAMAGES. From any sums due to the CONTRACTOR for goods or services, the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or services as provided in THIS CONTRACT.

ARTICLE VI. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois.

3

ARTICLE VII. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The CONTRACTOR will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. The CONTRACTOR agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set out verbatim.

ARTICLE VIII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY.

ARTICLE IV. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and executed with the same formalities of the original.

ARTICLE X. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided.

ARTICLE XI. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees,

4

agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this Article shall survive any expiration and/or termination of this agreement. ARTICLE XII. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY.

ARTICLE XIII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY’S obligations under the contract are not appropriated and authorized, then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination.

ARTICLE XIV. NO AGENCY. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto.

ARTICLE XV. CONFLICT. In the event of any conflict between the terms provided in any attachments hereto and the body of this CONTRACT, the terms and provisions of this CONTRACT shall control.

ARTICLE XVI. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this CONTRACT shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties.

ARTICLE XVII. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with

5

the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing products and/or services with respect to this CONTRACT shall be legal residents of the United States. CONTRACTOR shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this CONTRACT. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to the CITY. CONTRACTOR shall pay any and all costs associated with any such audit.”

The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf.

IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN

Name and Title Richard G. Kozal

City Manager

FEIN NO. ________________________

6

Attachment A:

TV PROGRAMMING PRODUCTION AND VIDEO SERVICES SCOPE OF

WORK Video Production – The essential requirements and tasks: • Monthly program should be no more than thirty (30) minutes in length. • Monthly program shall air on the first day of each month, and video files should be

provided to the City no later than the 30th of the month prior (12 programs per year). • The video should include music and creative graphics approved by the City and

consistent with City branding standards. • Video must be broadcast quality, 1080 p HD. • Video must be able to be reduced in size without sacrificing quality. • Video must be able to be used on the City of Elgin’s YouTube, government access

TV channel, and the City of Elgin’s various social media channels, such as Facebook, Instagram and Twitter.

• Videos should be interview-style, and cover current events, City initiatives or recent council approved items, all while highlighting the City of Elgin’s core values and defined goals found in the 2018-2022 Strategic Principles and Priorities.

• Segments of the video should be separated in to clips which can be used separately on social media.

• The 30-minute monthly programming should be comprised of 10 minutes in English, 10 minutes in Spanish and a special 10 minute feature with the Mayor (and guest of choice).

7

Contractor requirements: The Contractor will be expected to be in contact with the Communications Manager through all phases of project execution, meeting as needed in person or by phone or email and providing progress .

For all productions, the Contractor shall perform all services necessary for production. Production will include topic development, research, script writing, coordination of talent, guest(s), and location(s), appropriate lighting, topical video b-roll, creation and inclusion of graphic elements/animations, and editing for airing. The Contractor shall provide all equipment necessary for services, including but not limited to a studio, retention and training of adequate personnel, and the procurement and/or provision of all necessary production equipment.

Deliverables: The Contractor shall produce a video product ready to air. The production should include a video series introduction approved by the City designee. Production should be filmed in 1080p high definition resolution.

The product will be delivered in mp4 format via an electronic file sharing service mutually agreed upon by both the City and One Source Productions. All b-roll used for production shall be property of the City and shall be provided to the City via an electronic file sharing service mutually agreed upon by both the City and the Contractor.

The finished product will include broadcast quality video used on various City distribution channels, such as the City’s website, YouTube Channel, and government access television channel, various social media accounts and email newsletters.

AGENDA ITEM: E MEETING DATE: July 28, 2021

ITEM: Agreement with Ramboll Americas Engineering Solutions, Inc. for the Wing Park Leaking Under-ground Storage Tank Site Investigation ($30,635) OBJECTIVE: Conduct further site investigation at the Wing Park underground storage tank location to evalu-ate current groundwater conditions in response to Illinois Environmental Protection Agency’s re-quest and provide recommendations for remediation. RECOMMENDATION: Award a contract to Ramboll of Chicago, Illinois for further site investigation at the Wing Park UST location in the amount of $30,635. The City removed an underground storage tank from the Wing Park maintenance facility in 2018. A plan was created to fully remediate the site but, for unknown reasons, no further work was conducted. In 2020, the Illinois Environmental Protection Agency (IEPA) contacted the City to re-assess the site’s current condition. The IEPA recommended the City perform further investigation to achieve administrative closure of the site’s remediation. Ramboll has provided a proposal to conduct this further investigation and provide recommendations for closure. BACKGROUND Wing Park has an array of recreational facilities including a golf course, baseball fields, family aquatic center, picnic areas and related amenities serving the Elgin community. An underground storage tank (UST) used to store gasoline for City vehicles was removed from the site in 1988. Illinois Environmental Protection Agency (IEPA) records indicate the UST was situated immedi-ately adjacent to the south wall of a maintenance building located near the western boundary of the site. The approximate location of the tank is shown below. Prior reports indicate that the tank was used to fuel on-site equipment associated with park maintenance and operations.

2

The City retained an environmental consultant, Environmental Science & Engineering, Inc. (ESE), to prepare a limited investigation of the UST site consisting of seven soil borings. The soil analyt-ical results indicated levels above the applicable soil remediation objectives. ESE in 2000 com-pleted a site classification work plan to outline an approach to achieve site closure in accordance with the then current UST regulations. Based on the available file information, it is unclear why further work was not conducted at the site.

The IEPA contacted the City in 2020 stating it would be conducting an environmental investiga-tion at the site to reassess current site conditions. A limited investigation consisting of five soil borings and two groundwater samples was implemented in October of that year. The results of the sampling indicated contaminant levels somewhat reduced from the prior investigation al-most twenty years earlier, yet still exhibiting exceedances of relevant soil and groundwater re-mediation objectives outlined in the Tiered Approach to Cleanup Objectives (TACO) regulations. Four of the five soil borings were impacted with benzene above TACO Tier 1 soil remediation objectives. Similarly, both groundwater samples exhibited benzene concentrations above rele-vant groundwater objectives. The IEPA is recommendingg that the City continue investigative activities to delineate soil and groundwater impacts to advance the site toward closure.

3

OPERATIONAL ANALYSIS Based on the recently completed work by the IEPA that included advancement of five soil borings and two groundwater samples, Ramboll will install five new permanent monitoring wells to as-sess groundwater conditions in the vicinity of the tank area. The groundwater investigation is needed because existing site data provided by the IEPA documents indicate that groundwater exceeds TACO Tier 1 criteria for benzene and ethylbenzene. Five monitoring wells have been selected based on the minimum requirements set forth in the current UST regulations for a stage I site investigation. Soil sampling would be conducted at each monitoring well location. A Ge-oProbe rig (a hydraulically operated push-probe) will be utilized as the means for maximizing the production rate of field sampling activity. The monitoring wells will be installed as permanent two-inch diameter PVC wells, finished at grade with flush mounted well boxes. By installing permanent wells, they can be utilized during future monitoring events, if needed. The wells will be surveyed, and an interface probe will be used to determine the depth to groundwater so that a groundwater contour map can be devel-oped. Further, up to two slug tests will be performed to determine the hydraulic conductivity of the aquifer. The monitoring wells are estimated to be a maximum of 24 feet deep and con-structed so that the ten foot long well screen will intercept the water table elevation. At each monitoring well location, soil samples will be collected at two-foot intervals and field screened with a photoionization detector (PID) with an appropriate lamp. The soils will be logged in accordance with the Unified Code of Soil Classification (UCSC) methods and boring logs will be generated. Samples will be selected for laboratory analysis based on PID results and visual ob-servations made during the sampling activities. If no observations of impact are made, a sample will be collected from directly above the groundwater water level. One sample will be selected from each boring and submitted for laboratory analysis. Two additional soil borings will be located to delineate the eastern and western extent of impact around the former UST area. These soil borings will be advanced to approximately 24 feet below ground surface or until a discernable clean layer of soil is encountered, whichever is less. At the monitoring well location furthest from the UST, a soil sample will be collected and analyzed for fraction of organic carbon content (foc). The sample will be selected from a boring that shows no evidence of organic impact based on PID readings and visual/olfactory indications. This sample will also be analyzed for volatile organic compounds, semi-volatile organic compounds and total petroleum hydrocarbons to demonstrate that the foc sample is collected from an area of the site that is unimpacted by organic contaminants. The foc value will be used to determine site specific soil remediation objectives using TACO Tier 2 calculations. Because the former UST excavation is in proximity to an existing structure, a limited assessment of the vapor intrusion pathway will be performed. Ramboll proposes to install two soil vapor probes outside the maintenance building in proximity to the former UST location. Two soil gas samples will be collected and analyzed to assess whether residual impacts are above or below

4

the industrial/commercial remediation objectives for the indoor inhalation pathway. Note that this assessment was not part of the UST regulations at the time the release incident was reported but is now part of the site evaluation process under the 734 regulations and TACO process. The soil vapor probes will be installed with the GeoProbe. Probes will be placed at three to four feet below grade (assuming the building is of slab on grade foundation). Probes will be con-structed with stainless steel screens that connect to 3/16-inch tubing. Sand will be placed in the borehole with the vapor implant and sealed with hydrated granular bentonite. Teflon or teflon lined tubing will be used from the soil vapor probe to the ground surface. All samples collected during the investigation will be submitted to an accredited laboratory for analysis of the above-listed parameters. Ramboll will contact the City to discuss the need to an-alyze any additional samples or further investigative borings or wells based on site observations and/or laboratory analysis of initial soil samples. Supplemental laboratory analyses will be billed in addition to the proposed fee, if authorized by the City. Upon completion of site investigation activities and receipt of the laboratory analytical results, Ramboll will document the field activities and analytical results in a Stage 1 Site Investigation Report. The report will contain the following:

• Site history and summary of the existing data regarding the UST • Research and findings related to the proximity of nearby potable water wells • Narrative description of field activities and procedures employed • Documentation of field activities • Site base map showing pertinent site features and location of samples • Soil boring/probe logs and monitoring well construction diagrams • Tabulation of laboratory results and screening relative to TACO remediation objec-

tives • TACO Tier 2 calculations based on site specific parameters (foc) and the modeled ex-

tent of BTEX contamination to the nearest property boundary and/or water body • Data evaluation and presentation of findings • Laboratory analytical reports • Recommendations concerning further action, if necessary

Although the IEPA did not provide a complete report documenting its recent soil and groundwa-ter sampling effort, Ramboll will utilize the data provided by the IEPA with the assumption that the data meets accepted data quality objectives applicable to the leaking UST program. The in-formation provided by IPA is limited to analytical data tables, soil boring logs and a site figure. Ramboll will compare the laboratory data to the IEPA TACO Tier 1 Remediation Objectives as a means of assessing the site for closure under the leaking UST regulations. The evaluation will consider both the residential and industrial/commercial standards based on the City’s current use of the property. A limited tier 2 evaluation will be performed with respect to the soil compo-nent to groundwater pathway. In addition, identified groundwater impacts will be modeled using

5

TACO equation R26 to assess whether any off-site impacts are present or if any water body is impacted by residual contamination. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The cost of this site investigation and recommendations for remediation of the UST site at 1010 Wing Street is not to exceed $30,635. Contingency funds will be used to complete the site inves-tigation. BUDGET IMPACT


AMOUNT AVAILABLE

General 010-6902-719.92-32 699705 $30,635 $30,635 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance which requires approval by two thirds of the members of the city council ALTERNATIVES The city council may choose not to award the project to Ramboll and direct staff to obtain other

proposals. NEXT STEPS 1. Award contract to Ramboll of Chicago, Illinois for further site investigation at the Wing Park

UST location and proceed with the work.

2. Review resulting data to determine whether remediation actions will be necessary.

6

Originators: Greg Hulke, Parks and Facilities Superintendent Maria Cumpata, Director of Parks and Recreation Final Review: Debra Nawrocki, Chief Financial Officer

William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager

ATTACHMENTS

A. Proposal from Ramboll B. Agreement

1/7

Elgin Wing Park UST Site Investigation 210208.docx

February 8, 2021

Ramboll

333 W. Wacker Drive

Suite 2700

Chicago, IL 60606

USA

T 312-288-3800

F 414-837-3608

www.ramboll.com

Ref. 62966

Mr. William A. Cogley

Corporation Counsel/Chief Development Officer

City of Elgin

150 Dexter Court

Elgin, IL 60120

Proposal for UST Site Investigation – Wing Park LUST Incident No. 982831 1010 Wing Street, Elgin, Illinois

Dear Mr. Cogley:

Ramboll Americas Engineering Solutions, Inc. (Ramboll), formerly known as

O’Brien & Gere Engineers, Inc., is pleased to submit this proposal to perform a

UST site investigation at the above-referenced site. The scope of the investigation

follows up on the recent investigation work conducted by the Illinois Environmental

Protection Agency (Illinois EPA) in response to leaking underground storage tank

(LUST) incident No. 892831. The purpose of this investigation is to advance this

open incident to closure and assist the City in obtaining a No Further Remediation

letter related to this former UST.

A. BACKGROUND AND PROJECT UNDERSTANDING

Wing Park is an operating City park with an array of recreational facilities including

a golf course, baseball fields, water park, picnic areas and related amenities

serving the Elgin community. On November 16, 1998, a gasoline underground

storage tank was removed from the site and was determined to be a leaking UST

by the Illinois Office of the State Fire Marshal (OSFM). Subsequently, the Illinois

Emergency Management Agency (IEMA) assigned incident number 982831 to the

site. Illinois EPA records indicate that both a 20-day report and 45-day report were

filed for the incident. The UST was located immediately adjacent to the south wall

of a maintenance building located near the western boundary of the site. Prior

reports indicate that the tank was used to fuel on-site equipment associated with

park maintenance and operations.

In response to the release, the City retained an environmental consultant,

Environmental Science & Engineering, Inc. (ESE), to prepare a limited investigation

of the UST site consisting of seven soil borings. The soil analytical results indicated

levels of benzene, ethylbenzene, toluene and xylenes (BTEX) above the applicable

soil remediation objectives. ESE completed a Site Classification Work Plan dated

February 11, 2000 to outline an approach to achieve site closure in accordance

with the then current UST regulations found at 35 Ill Admin Code Part 732. Based

on the available file information, it is unclear why further work was not conducted

at the site.

In 2020, the Illinois EPA contacted the City and indicated it would conduct

environmental investigation at the site to reassess current site conditions. A limited

investigation consisting of five soil borings and two groundwater samples was

https://ramboll.com/

2/7


implemented on October 6, 2020. The Illinois EPA provided the results of the soil and groundwater sampling

to the City and indicated that BTEX contaminant levels, while somewhat reduced from the prior investigation

almost 20 years earlier, still exhibited exceedances of relevant soil and groundwater remediation objectives

as outlined in the Tiered Approach to Cleanup Objectives (TACO) regulations. Four of the five soil borings

were impacted with benzene above TACO Tier 1 soil remediation objectives; similarly, both groundwater

samples exhibited benzene concentrations above relevant groundwater objectives. The Illinois EPA

recommended that the City continue investigative activities to delineate soil and groundwater impacts to

advance the site toward closure.

SCOPE OF SERVICES

The purpose of this scope of work is to conduct further site investigation at the Wing Park UST location in an

effort to delineate the site and evaluate current groundwater conditions in response to Illinois EPA’s request.

The tasks outlined below will be conducted to build upon the data recently collected by the Illinois EPA and

address other information that was not obtained earlier in the process because the Site Classification Work

Plan was never implemented.

Utility Location

Ramboll will coordinate through its drilling subcontractor to arrange for a private utility location at the

above-referenced site prior to invasive site activities. If any private utilities are known or suspected, it is the

client’s responsibility to inform Ramboll prior to the start of the site investigation. The site owner will be

requested to provide a knowledgeable person regarding site utilities, as well as provide any building plans or

site surveys that may be available. JULIE will also be contacted to arrange for utility location in adjacent

public property and rights of way.

Health and Safety Plan

A site-specific health and safety plan (HASP) will be prepared and adhered to in the field during all

field-related activities. All Ramboll project personnel and subcontractor personnel assigned to the project will

have completed, at a minimum, required OSHA training in accordance with 29 CFR Part 1910.120.

Regulatory Approach

Ramboll will contact Illinois EPA and collect relevant file information regarding the site. This task is expected

to include contacting the assigned Illinois EPA Project Manager and submitting a FOIA request to obtain all

prior documents on file related to the UST incident. Further, we anticipate moving the incident from the 732

UST regulations to the 734 UST regulations so that closure can be conducted consistent with the protocols

under the Tiered Approach to Corrective Action Objectives (TACO) regulations. The key advantage of this

approach will be the use of selected TACO Tier 2 calculations to evaluate pathways of concern, such as the

soil component to groundwater pathway. To affect the change in regulatory program, a “Notice to Proceed

Under 35 Ill. Admin Code 734” form will be completed and submitted to Illinois EPA.

Potable Water Well Survey

Ramboll will research public records to determine the location of potable water supply wells in the vicinity of

the UST. This will be accomplished by accessing the Illinois EPA’s GIS database and/or by submitting

inquires to designated state and local agencies.

3/7


Soil and Groundwater Assessment

Ramboll will utilize generally accepted environmental sampling procedures to assess current site conditions.

Based on the recently completed work that included advancement of five soil borings and two groundwater

samples, Ramboll believes that the most effective way to advance the site characterization is to install five

new permanent monitoring wells to assess groundwater conditions in the vicinity of the tank area. The

groundwater investigation is needed because existing site data provided by the Illinois EPA documents that

groundwater exceeds TACO Tier 1 criteria for benzene and ethylbenzene. Five monitoring wells have been

selected based on the minimum requirements set forth in the current UST regulations for a Stage I site

investigation (35 IAC 734.315).0F

1 Soil sampling would be conducted at each monitoring well location. A

GeoProbe rig (a hydraulically operated push-probe) will be utilized as the means for maximizing the

production rate of field sampling activity.

The monitoring wells will be installed as permanent 2-inch diameter PVC wells, finished at grade with flush

mounted well boxes. By installing permanent wells, they can be utilized during future monitoring events if

needed. The wells will be surveyed, and an interface probe will be used to determine the depth to

groundwater so that a groundwater contour map can be developed. Further, up to two slug tests will be

performed to determine the hydraulic conductivity of the aquifer. For the purposes of this proposal, the

monitoring wells are estimated to be a maximum of 24 feet deep and constructed so that the 10 foot long

well screen will intercept the water table elevation.

At each monitoring well location, soil samples will be collected at two-foot intervals and field screened with a

photoionization detector (PID) with an appropriate lamp. The soils will be logged in accordance with the

Unified Code of Soil Classification (UCSC) methods and boring logs will be generated. Samples will be

selected for laboratory analysis based on PID results and visual observations made during the sampling

activities. If no observations of impact are made, a sample will be collected from directly above the

groundwater water level. One sample will be selected from each boring and submitted for laboratory

analysis.

Two additional soil borings will be located to delineate the eastern and western extent of impact around the

former UST area. These soil borings will be advanced to approximately 24 feet below ground surface (bgs) or

until a discernable clean layer of soil is encountered, whichever is less.

At one monitoring well location furthest from the UST, a soil sample will be collected and analyzed for

fraction of organic carbon content (foc ). The sample will be selected from a boring that shows no evidence of

organic impact based on PID readings and visual/olfactory indications. This sample will also be analyzed for

volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs) and total petroleum

hydrocarbons (TPH) to demonstrate that the foc sample is collected from an area of the site that is

unimpacted by organic contaminants. The foc value will be used to determine site specific soil remediation

objectives using TACO Tier 2 calculations.

Soil Vapor Assessment

Because the former UST excavation is in proximity to an existing structure, a limited assessment of the

vapor intrusion pathway will be performed. Ramboll proposes to install two soil vapor probes outside the

1 The 2002 Site Investigation Plan called for four monitoring wells. However, given the benefits of moving the site to be

closed under the Part 734 UST regulations, Ramboll has increased the number of wells to align with the current

regulations.

4/7


maintenance building in proximity to the former UST location. Two soil gas samples will be collected and

analyzed to assess whether residual impacts are above or below the industrial/commercial remediation

objectives for the indoor inhalation pathway. Note that this assessment was not part of the UST regulations

at the time the release incident was reported but is now part of the site evaluation process under the

734 regulations and TACO process.

Prior to the start of field work, Ramboll staff will need to inspect the interior of the Maintenance Building to

verify whether the structure has a basement. The presence of a basement will affect the depth for the

installation of soil gas probes. Ramboll assumes the structure is of slab on grade construction.

The soil vapor probes will be installed with the GeoProbe. Probes will be placed at 3 to 4 feet below grade

(assuming the building is of slab on grade foundation). Probes will be constructed with stainless steel

screens that connect to 3/16-inch tubing. Sand will be placed in the borehole with the vapor implant and

sealed with hydrated granular bentonite. Teflon or Teflon lined tubing will be used from the soil vapor probe

to the ground surface.

Laboratory Analytical Program

The following table summarized the proposed analytical program for delineation of the LUST.

Description Media No. of Borings

Est. Depth (ft bgs)

No. of Samples

Analytical Parameters/Methods

1 Soil Borings

Soil 7 24 7 BTEX

Method 5035/8260C

Soil 1 Field Det. 1

Foc, (ASTM D-2974-00)

VOCs (5035/8260C

SVOCs (8270D)

TPH (8015D)

2 Monitoring Wells Groundwater 5 24 5 BTEX

Method 8260C

3 Soil Gas Probes Soil Gas 2 3-4 2 BTEX

Method TO-15

BTEX = Benzene, Toluene, Ethylbenzene, Xylenes

Foc – Fraction of Organic Carbon

VOCs – Volatile Organic Compounds

SVOCs – Semi-Volatile Organic Compounds

TPH – Total Petroleum Hydrocarbons

All samples collected during the investigation will be submitted to an accredited laboratory for analysis of the

above-listed parameters. Ramboll will contact the City to discuss the need to analyze any additional samples

or further investigative borings or wells based on site observations and/or laboratory analysis of initial soil

samples. Supplemental laboratory analyses will be billed in addition to the proposed fee, if authorized by the

City.

Preparation of Report

Upon completion of site investigation activities and receipt of the laboratory analytical results, Ramboll will

document the field activities and analytical results in a Stage 1 Site Investigation Report. The report will

contain the following:

5/7


• Site history and summary of the existing data regarding the UST

• Research and findings related to the proximity of nearby potable water wells

• Narrative description of field activities and procedures employed

• Documentation of field activities

• Site base map showing pertinent site features and location of samples

• Soil boring/probe logs and monitoring well construction diagrams

• Tabulation of laboratory results and screening relative to TACO remediation objectives

• TACO Tier 2 calculations based on site specific parameters (foc) and the modeled extent of BTEX

contamination to the nearest property boundary and/or water body.

• Data evaluation and presentation of findings

• Laboratory analytical reports

• Recommendations concerning further action, if necessary.

Although Illinois EPA did not provide a complete report documenting its recent soil and groundwater

sampling effort, Ramboll will utilize the data provided by the Illinois EPA with the assumption that the data

meets accepted data quality objectives applicable to the LUST program. The information provided by Illinois

EPA is limited to analytical data tables, soil boring logs, and a site figure.

Ramboll will compare the laboratory data to the IEPA TACO Tier 1 Remediation Objectives (ROs) as a means

of assessing the site for closure under the LUST regulations. The evaluation will consider both the residential

and industrial/commercial standards based on the City’s current use of the property. A limited Tier 2

evaluation will be performed with respect to the soil component to groundwater pathway. In addition,

identified groundwater impacts will be modeled using TACO equation R26 to assess whether any off-site

impacts are present or if any water body is impacted by residual contamination. The application of Tier 3 risk

evaluation of the data is not anticipated for this project.

B. COMPENSATION

Ramboll proposes to complete the scope of work as described herein on a time and materials basis with a

not-to-exceed fee of $30,635, which includes Ramboll’s professional labor costs, travel and direct expenses

required to complete this scope of work using the project assumptions described herein. Please see the

attached Summary of Estimated Costs (Attachment 1) for a breakdown of the proposed fee.

If services beyond the base scope of work are required and authorized by the City, the work will be

performed in accordance with Ramboll’s Preferred Labor Rate Schedule.

SCHEDULE

Ramboll is prepared to initiate project activities upon written authorization from the client to proceed and

anticipates that field work can be scheduled within 12 business days of authorization assuming there is no

site access or scheduling restrictions. Winter weather or rainy conditions may affect the ability to mobilize.

Field work is estimated to take no more than 3 days including monitoring well installation, soil gas probes,

monitoring well development and slug testing. Ramboll anticipates that the sampling report will be submitted

to the City for review within 15 business days of receipt of the laboratory analytical data. The schedule and

6/7


costs assume standard 5 to 7-day laboratory turnaround time. If the proposed schedule does not meet your

needs, we will work to adjust the schedule according to your needs.

ASSUMPTIONS

The following general cost assumptions have been considered in developing the scope of and project fee:

1. Ramboll assumes that the City of Elgin will not seek to obtain reimbursement from the Illinois LUST fund.

If the City is interested in pursuing this, eligibility for reimbursement must be secured from the Office of

the State Fire Marshal prior to proceeding. Further this scope of work does not include effort to prepare

budget approval forms or submittal of reimbursement applications following the completion of work.

Ramboll can provide these services as a supplemental scope of work.

2. All field work will be performed under safety Level D personal protective equipment (PPE) procedures. If

upgrades to Level C or B are required, additional costs will accrue.

3. Work will occur during normal workday hours (Monday through Friday, 7:00 am to 5:00 pm). If work is

required at night or on weekends, cost surcharges may be applicable to labor rates and subcontracted

costs anticipated in the budget.

4. Field work will be performed under reasonable weather conditions and without major weather delays or

interruptions.

5. Field work anticipates the use of standard GeoProbe equipment for soil borings and monitoring well

installation. Extra costs may accrue for specialty drilling equipment, if necessary, based on site conditions

(i.e., low ceiling clearance, etc.).

6. The client will provide the legal right of entry and compile available information that may be pertinent to

conducting the scope of work as described herein.

7. The project budget assumes clear access to the locations where soil, groundwater, and vapor sampling is

to occur. The project budget does not include cost for removing or relocating debris, extensive concrete

coring, demolition of any structure or impediment, utility relocation or modification, or any other related

activity associated with gaining access to investigation areas.

8. Costs associated with repair of replacement of damaged utilities that are unmarked by the private utility

locator and/or JULIE, or not otherwise brought to the attention of Ramboll by the client prior to

performing field work are not included.

9. Costs to address multiple reviews by additional third parties that require submittal of additional report

drafts or labor are not included in the budget.

Terms and conditions for the work will be in accordance with Attachment 2 - Ramboll’s Standard Service

Terms and Conditions (as marked). Alternatively, Ramboll will perform the work pursuant to an Agreement

with the City reflecting terms and conditions similar to those previously agreed to by Ramboll for

environmental projects with the City of Elgin.

7/7


We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you

on this project. Please feel free to contact the undersigned at 630-881-7226 or [email protected] if

you have any questions regarding this proposal.

Sincerely,

John M. Nardozzi, PE Senior Managing Engineer

D +1 773 796 4601

M +1 630 881 7226

[email protected]

Attachments: Attachment 1 - Summary of Estimated Cost

Attachment 2 - Standard Service Terms and Conditions

mailto:[email protected]


CLIENT: City of Elgin 2/4/2021PROJECT DESCRIPTION: Wing Park - UST Site Investigation (Stage 1)

PROJECT/PROPOSAL: 62966RAMBOLL PROJECT MANAGER: J. Nardozzi

Task Number : Task 1 Task 2

Task Description : Field InvestigationSite Investigation

Report TOTAL

PERSONNEL Rate Project Manager 2 JMN Hours 2 16 18

J.Nardozzi $198 Costs 396 3168 $3,564 Engineer 3 TLH Hours 0 6 6

T.Hofmann $160 Costs 0 960 $960 Engineer 2 RCW Hours 8 0 8

R.Woodruff $115 Costs 920 0 $920 Engineer 2 CCD Hours 44 40 84

A. Barbeau $115 Costs 5060 4600 $9,660 Scientist 2 TBD Hours 0 10 10

Gorczynskla-Page, Maggie $101 Costs 0 1010 $1,010 Scientist 3 RJH Hours 8 0 8

R.Horan $125 Costs 1000 0 $1,000 Administrative Assistant 3 JLP Hours 0 4 4

J.Plamann $75 Costs 0 300 $300

Hours 62 76 138SUBTOTAL LABOR Costs $7,376 $10,038 $17,414

Administrative 6.0% Fee $443 $602 $1,045 SUBTOTAL LABOR WITH ADMINISTRATIVE $7,819 $10,640 $18,459

CLIENT: City of ElginPROJECT/PROPOSAL: 62966

RAMBOLL PROJECT MANAGER: J. Nardozzi



Report

TOTAL

EXPENSES

GW Sampling Supplies 5 Wells/2 Probes/2 borings $310 $0 $310 Field Equipment (PID,Sampling, GPS) $375 $0 $375 PPE Supplies $75 $0 $75 Vehicles/Mileage 4 site visits - 1 week $528 $0 $528

SUBTOTAL EXPENSES $1,288 $0 $1,288

Lodging $0 $0 $0 Meals $0 $0 $0 Travel (Air, Train, Bus, Cab) $0 $0 $0 Safety Audit $0 $0 $0 Rental Vehicles $0 $0 $0

5.0% Fee $0 $0 $0 $0 $0 $0

Per Diem: Meals & Expenses (GSA Overnigh GSA Rates: No Fee $96 $0 $96 Per Diem: Meals & Expenses (GSA Day RateGSA Rates: No Fee $0 $0 $0

$96 $0 $96 Misc. Proj. Materials/Supplies (shipping) $0 $0 $0

10.0% Fee $0 $0 $0 $0 $0 $0

SUBTOTAL REBILLABLES $96 $0 $96

Laboratory Analytical Services Number of SamplesCost per Sample

Soil Samples - BTEX 7 52 $364 $0 $364 Soil Samples - Foc + VOCs + SVOCs + TPH 1 222 $222 $0 $222 GW Samples - BTEX 5 32 $160 $0 $160 Soil Gas Samples - BTEX - TO15 2 195 $390 $0 $390

Analytical Subtotal 15 501 $1,136 $0 $1,136 Drilling Subcontractor

Earth Solutions, St. Charles 2 Days On-site Services $7,125 $0 $7,125 Earth Solutions, St. Charles Private Utility Locate $675 $0 $675 Purge water disposal 5- 55 Gal. Drums $875 $0 $875

SUBCONSULTANT SERVICES$0 $0 $0 $0 $0 $0

Subtotal $9,811 $0 $9,811 Administrative Fee 10.0% Fee $981 $0 $981

SUBTOTAL SUB. SERVICES $10,792 $0 $10,792

TOTAL ESTIMATED COSTS $19,995 $10,640 $30,635

SUBCONTRACT SERVICES

Sub Total

Sub Total

Sub Total

REFRESH calculations with F9

ATTACHMENT 1 -SUMMARY OF ESTIMATED COSTS

REBILLABLES

Cost Summary 2/8/2021

http://www.gsa.gov/portal/category/21287?utm_source=OGP&utm_medium=print-radio&utm_term=perdiem&utm_campaign=shortcut


R E V : 4 / 2 0 2 0 | P A G E 1

RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC. STANDARD SERVICE TERMS AND CONDITIONS

1. Definitions. As and when used in this Agreement,

each of the following terms shall have the meaning set

forth below:

a) Agreement shall mean this Proposal, including the

following: Letters of Authorization or the job specific

terms on the face of any Purchase or Change Order

and the other Exhibits incorporated in this Proposal.

b) Law shall mean federal, state, and local statutes,

laws, ordinances, rules, regulations, and codes

applicable to Services.

c) Losses shall mean monetary damages suffered or

costs and expenses incurred, including interest and

reasonable attorney's fees, as a result of any

demand made, cause of action asserted, judgment

or decree entered, or any fine or penalty imposed, or

any settlement payment consented to by both

parties in connection with this Agreement.

d) RAMBOLL shall mean the Ramboll company issuing

the Proposal, Ramboll Americas Engineering

Solutions, Inc. (f/k/a O’Brien & Gere Engineers,

Inc.), unless otherwise stated in the Proposal.

e) Project shall mean the overall work to be

performed, including Services to be performed by

RAMBOLL or others on behalf of Client at or in

connection with project site(s).

f) Reimbursable Expenses shall mean the expenses

reasonably incurred by RAMBOLL, its agents and

subcontractors in performing Services, including, but

not limited to, materials, supplies, use of specialized

equipment, travel and subsistence costs, including

mileage, cellular and non-local telephone and other

communication charges, express delivery, postage

and freight charges, word processing, computer

processing and reproduction and printing charges

required in providing Services, and technical services

by others, plus permit fees, taxes, charges and

assessments on Services (unless specifically included

in the Scope of Services).

g) Services shall mean the professional, technical and

other consulting services, work or tasks to be

performed by RAMBOLL and its subcontractors as

described in the Proposal.

2. Changes in Scope. Client shall have the right within

the general purpose and intent of the Project to change,

add or delete items from Services in writing and subject

only to the agreement of RAMBOLL with respect to the

effect on cost and schedule.

3. Payment. Payment of RAMBOLL’s monthly invoice shall

be due upon receipt. Balances more than thirty (30)

days past due shall accrue interest at the rate of 1% per

month or part thereof until paid.

4. Term. Unless otherwise provided in this Agreement,

the Term hereof shall be from the date this Agreement

is signed by both Client and RAMBOLL until the

obligations imposed hereunder are fully satisfied or this

Agreement is otherwise terminated. All Services shall

be deemed to have been performed during the Term

hereof.

5. Status. Except as otherwise provided in this

Agreement, RAMBOLL shall perform the Services as an

independent contractor and shall have sole control over

the employment, assignment, discharge and

compensation of its employees. RAMBOLL shall be

solely responsible for complying with all applicable,

federal, state and local employment, wage, tax, and

insurance laws and licensing requirements.

6. Standard of Care. RAMBOLL agrees to correct or re-

perform, without additional cost to Client, any Service

not performed in accordance with the professional

standard of care prevailing at the time and in the place

where such Service is performed. Client acknowledges

that scientific, medical, and health and safety

knowledge and expertise is always evolving, and that

RAMBOLL’s work, conclusions and opinions cannot fully

anticipate or take into account changes in knowledge or

expertise that develop after the Services are performed.

The services and all deliverables are rendered based on

the specific circumstances and conditions described in

RAMBOLL’s Proposal and are intended for use by the

Client only in connection with the purpose set forth in

the Proposal. RAMBOLL disclaims all warranties relating

to any other use and Client shall indemnify, defend and

hold harmless RAMBOLL against any and all losses

relating to such other use.

7. Third Parties. The Services including, without

limitation, related communications and

deliverables/work product, and the contents of such

communications and deliverables/work product, are

solely for Client’s benefit and may not be relied upon by

or disclosed to any third party without RAMBOLL’s

express written consent. In addition, Client shall not

attribute any statement to RAMBOLL without RAMBOLL’s

express written consent. RAMBOLL shall be entitled to

injunctive relief preventing/prohibiting any disclosure or

attribution prohibited hereunder, and Client shall

release, indemnify, defend and hold harmless the

RAMBOLL from any and all losses arising from or related

to such unauthorized disclosure or attribution.

8. Insurance. Throughout the term of this Agreement,

RAMBOLL shall maintain insurance in amounts not less

than shown:

a) Worker's Compensation

Statutory amount

where Services are

performed

b) Automobile $1,000,000

c) General Liability $1,000,000

d) Professional Liability $1,000,000

e) Excess Umbrella $3,000,000 on "b" & "c"

Client agrees to require all third parties engaged by or

through Client in connection with the Project to provide

RAMBOLL with current Certificates of Insurance

endorsed to include RAMBOLL as an additional insured

on their "b," "c" and "e" policies of insurance and

authorizes RAMBOLL to enforce this provision directly

with all Project related third-parties.

R E V : 4 / 2 0 2 0 | P A G E 2

9. Compliance with Law. RAMBOLL shall comply with all

Law applicable to Services, including federal and state

Equal Opportunity Laws, orders and regulations, and

further, RAMBOLL shall not discriminate against any

employee or applicant for employment on the basis of

race, color, religion, sex, sexual orientation, gender

identity, national origin, age, physical and mental

disability, or veteran status.

10. Confidentiality. Except when 1) authorized by Client

in writing, 2) previously and independently known,

3) subsequently published through no fault of RAMBOLL

or 4) lawfully obtained from a third party having

independent knowledge, RAMBOLL shall treat as

confidential all information obtained from Client.

RAMBOLL shall provide Client with reasonable notice of

and an opportunity to legally resist any effort by a third

party to obtain disclosure of confidential information.

RAMBOLL shall be permitted to comply with any judicial

order. Client information marked confidential shall be

returned to Client at the conclusion of Services.

11. Patents. Patentable ideas, products, equipment,

materials or processes ("Ideas") developed, in whole or

in part, with proprietary information or assistance of

Client shall be the property of Client; provided,

however, that RAMBOLL shall have an unlimited, royalty

free, nonexclusive, nontransferable (other than to its

successors), world-wide license for their use,

reproduction, manufacture and sale. Ideas developed by

RAMBOLL during or as part of its performance of the

Services which do not depend on proprietary

information or assistance provided by Client shall be the

property of RAMBOLL; provided, however, that Client

shall have an unlimited, royalty free, nonexclusive,

nontransferable license for their use by and for Client.

12. Client Responsibilities. Client shall on a continuing

basis throughout the term of this Agreement:

a) maintain a designated representative, who shall be

reasonably available to meet with RAMBOLL on

Client's behalf;

b) provide RAMBOLL with all relevant Project related

data available to Client, and unless otherwise

provided in the Scope of Services, Client shall

provide RAMBOLL with accurate, current land

surveys showing the location of on-site utilities and

subsurface structures, test boring logs and other

subsurface information necessary for performance of

Services;

c) provide all negotiation for, and acquisition of, lands,

rights-of-way and easements required for

performance of Services;

d) arrange for access, entry and use of property of

Client (including utilities thereon) and others, as and

when reasonably required by RAMBOLL for

performance of Services.

13. Additional Cost or Delay. RAMBOLL shall not be

responsible or liable for delay or additional Project cost

resulting from:

a) the lack or insufficiency of performance by any

person or entity not selected by, engaged by, and

responsible to RAMBOLL,

b) changes, delays or additional Services not

necessitated by the acts or omissions of RAMBOLL,

c) unreasonable or repeated delay in response to

requests, applications or reviews by Client or third

parties.

d) damage to underground utilities or structures not

accurately located on plans, maps or figures

furnished to RAMBOLL.

14. Change in Law. Client shall bear the cost of any

material change in or addition to Services resulting from

a change in Law or interpretation effective after the date

of this Agreement.

15. Force Majeure. Neither party shall be liable for loss or

damage suffered by the other as a result of any failure

or delay in the performance of its obligations under the

Agreement caused by a Force Majeure event, including

without limitation strike, lockout, embargo, riot, war,

act of terrorism, epidemic or other outbreak of disease,

fire, act of God, accident, failure or breakdown of

components necessary to order completion,

subcontractor or supplier non-performance, inability to

obtain labor, materials or manufacturing facilities, or

compliance with any law, regulation or order, or

circumstances or conditions which in the discretion of

RAMBOLL may pose a material risk to the health or

safety of the employees of RAMBOLL, its affiliates or

subcontractors, or circumstance beyond its reasonable

control. The party relying on this provision shall give

prompt notice to the other party of the event or

circumstance and shall take all reasonable steps to

resume performance at the earliest possible date. In

the event of a Force Majeure, the time for performance

of Services shall be extended by the number of days

from the date notice is given until performance is able

to be resumed.

16. Other Use of Results. Client acknowledges that

deliverable documents, drawings and data in whatever

form (“Documents”) produced directly or indirectly

through the efforts of RAMBOLL in performing Services

and any analyses, recommendations, or conclusions

("Results") they contain are based upon the specific

circumstances and conditions of the Project and are

intended solely for use by Client in connection with the

Project.

Any change or other than agreed upon use of

Documents or Results shall be at the sole risk of Client.

Regardless of when delivered, Documents and Results

shall become the property of Client upon RAMBOLL’s

receipt of payment. Client agrees to defend, indemnify

and hold harmless RAMBOLL from and against any and

all Losses arising from Client’s direct or indirect use of

Documents or Results, other than in connection with

Project.

17. Suspension of Services.

a) Client shall have the right to suspend all or part of

the Services, provided, Client gives RAMBOLL at

least seven (7) days' notice of the dates each

suspension is to begin and end. In the event Client

suspends Services for period(s) totaling more than

ninety (90) days, Client agrees to pay reasonable

costs incurred by RAMBOLL in (i) preserving and

documenting Services performed or in progress, and

(ii) demobilizing and remobilizing Services.

b) In the event Client does not make timely payment of

the invoiced amounts as provided herein, RAMBOLL

shall in addition to its other rights, have the right,

upon seven (7) days' notice, to suspend performance

of all or part of the Services until (i) all past due

amounts are paid, and (ii) satisfactory assurance of

prompt future payment is received.

R E V : 4 / 2 0 2 0 | P A G E 3

18. Indemnification.

a) Subject to paragraph 20 of these Standard Service

Terms & Conditions, RAMBOLL agrees to defend,

indemnify and hold harmless Client, its directors,

officers, employees, agents, successors and assigns

from Losses to the extent and in the proportion

caused by the willful misconduct or negligent acts,

errors or omissions of RAMBOLL, its directors,

officers, employees, and its agents, subcontractors,

successors and assigns.

b) To the extent and in the proportion not caused by

the willful misconduct or negligent acts, errors or

omissions of RAMBOLL, its directors, officers,

employees or its agents, subcontractors, successors

and assigns, Client agrees to defend, indemnify and

hold said persons harmless from Losses arising in

connection with Project.

19. Limitation of Damages. The parties waive any right

they may have at law or in equity to demand or receive

consequential or punitive damages.

20. Liability. The maximum liability of RAMBOLL, its

directors, officers, employees and its agents,

subcontractors, successors and assigns to Client

pursuant to this Agreement, including paragraphs 6

and/or 18a of these Standard Service Terms &

Conditions, shall be limited to Five (5) times the

Agreement amount, but in no event more than

$1,000,000.

21. Mediation of Disputes. The parties agree to make a

good faith effort to resolve any controversy, dispute or

claim arising out of, or related to, this Agreement

("Dispute") by the use of alternative dispute resolution

procedures provided herein, prior to, and as a condition

of, commencing any action or proceeding at law or in

equity. Specifically, each party agrees to provide the

other prompt written notice of the specific subject(s)

and/or circumstance(s) in Dispute. If the Dispute is not

resolved to the mutual satisfaction of the parties within

ten (10) days of receiving notice, either party may

request mediation. Mediation shall be 1) by a qualified,

experienced mediator agreeable to both parties as

supplied by the American Arbitration Association,

Endispute, Inc., or other mutually agreeable source,

2) at the earliest available date of the mediator, and

3) in the major city closest to the Project site where

RAMBOLL’s Services are performed or as otherwise

agreed by the parties. The cost of mediation services

shall be shared equally by the parties.

22. Termination. Either party shall have the right to

terminate this Agreement without cause upon thirty

(30) days' notice.

23. Modification. This Agreement shall not be modified or

replaced, in whole or in part, except by written

amendment signed by both parties.

24. Notice. All notices shall be given to the other party in

writing by hand delivery, by express service providing

proof of delivery, by facsimile transmission and/or by

registered mail, postage paid, return receipt requested,

at the address appearing on the first page of this

Agreement or such other address as the parties shall

from time to time give notice.

25. Interpretation. This Agreement shall be interpreted

and enforced in accordance with the Laws of the State

of New York except for its choice of law rules.

26. Severability. If any provision of this Agreement is

determined or declared by a court of competent

jurisdiction to be invalid or otherwise unenforceable, all

remaining provisions of this Agreement shall be

unaffected and shall be interpreted so as to give the

fullest practicable effect to the original intent of the

parties.

27. Waiver. Unless otherwise agreed in writing, neither

party's waiver of the other's breach of any term or

condition contained in this Agreement shall be deemed a

waiver of any subsequent breach of the same or any

other term or condition of this Agreement.

28. Integration. This Agreement shall constitute the entire

agreement between the parties. There are no

representations or other agreements, oral or written,

between the parties other than as set forth in this

Agreement.

nardozjm

Cross-Out

AGREEMENT

THIS AGREEMENT is made and entered into this ______day of August, 2021, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as “CITY”) and Ramboll Americas Integrated Solutions, Inc., f/k/a O'Brien & Gere, Inc. of North America (hereinafter referred to as “CONSULTANT”).

WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional

services for environmental investigations relating to a former leaking underground storage tank at the City owned Wing Park property at 1010 Wing Street, Elgin, Illinois (hereinafter referred to as the “PROJECT”); and

WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes

relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below.

NOW, THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT

that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit:

1. SCOPE OF SERVICES

A. All work hereunder shall be performed under the direction of the Corporation

Counsel of the CITY, herein after referred to as the “DIRECTOR”.

B. The CONSULTANT shall provide the environmental services relating to the former underground leaking storage tank at the City owned Wing Park property at 1010 Wing Street, Elgin, Illinois, as outlined in the CONSULTANT's proposal therefore dated February 8, 2021, attached hereto and made a part hereof as Attachment A. In the event of any conflict between the terms of this agreement and Attachment A, the terms of this agreement shall supersede and control.

C. The CONSULTANT agrees to correct or re-perform, without additional cost to the

CITY, any Service not performed in accordance with the professional standard of care prevailing at the time and in the place where such Service is performed.

2. SCHEDULE

The CONSULTANT shall initiate PROJECT activities upon written authorization from the CITY to proceed. The CONSULTANT will complete the services in a timely fashion based on a mutually acceptable schedule to ensure progress is made on the site. The estimated time for completion, dependent on laboratory turnaround time, is approximately eight weeks. Neither party shall be liable for loss or damage suffered by the other as a result of any

- 2 -

failure or delay in the performance of its obligations under the Agreement caused by a Force Majeure event or circumstance beyond its reasonable control. The party relying on this provision shall give prompt notice to the other party of the event or circumstance and shall take all reasonable steps to resume performance at the earliest possible date. In the event of a Force Majeure, the time for performance of Services shall be extended by the number of days from the date notice is given until performance is able to be resumed

3. WORK PRODUCT

All work product prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the CONSULTANT may retain copies of such work product for its records. CONSULTANT’s execution of this Agreement shall constitute CONSULTANT’s conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT.

4. PAYMENTS TO THE CONSULTANT

A. The CITY shall reimburse the CONSULTANT for services provided under this Agreement on a time and materials basis with a total fee not to exceed Thirty Thousand Six Hundred and Thirty-Five Dollars ($30,635.00). Such total fee and the components thereof are set forth in Attachment A.

B. The CITY shall make periodic payments to the CONSULTANT based upon actual

progress within thirty (30) days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in Attachment A, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR.

5. INVOICES

A. The CONSULTANT shall submit invoices in a format approved by the CITY.

B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at

- 3 -

reasonable times during the Agreement period and for one (1) year after termination of this Agreement.

6. TERMINATION OF AGREEMENT

Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon thirty (30) days prior written notice to the CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the amount set forth under Paragraph 4 above.

7. TERM

This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT’s work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement.

8. NOTICE OF CLAIM

If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONSULTANT shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT’s fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption.

9. BREACH OF CONTRACT

If either party violates or breaches any material term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph(s) 4 and/or 8 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not

- 4 -

limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement.

10. INDEMNIFICATION

To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify and hold harmless the CITY, its officers, employees boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including, but not limited to, workers’ compensation claims, arising out of negligent actions or omissions or willful misconduct of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. Each party waives any right it may have against the other at law or in equity to demand or receive consequential or punitive damages.

11. NO PERSONAL LIABILITY

No official, director, officer, agent or employee of either Party shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement.

12. INSURANCE CONSULTANT shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance:

A. Comprehensive Liability. The CONSULTANT shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage.

The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR.

The Certificate of Insurance shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled “Indemnification”.

This insurance shall be primary and non-contributory to any other insurance or self-

- 5 -

insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance.

B. Comprehensive Automobile Liability. Comprehensive Automobile Liability

Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for bodily injury and/or property damage.

C. Combined Single Limit Policy. The requirements for insurance coverage for the

general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate.

D. Professional Liability. The CONSULTANT shall carry CONSULTANT’s

Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per claim. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR.

13. NONDISCRIMINATION

In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY.

14. ASSIGNMENT AND SUCCESSORS

This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY.

15. DELEGATIONS AND SUBCONTRACTORS

Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and

- 6 -

other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY’s advanced written approval.

16. NO CO-PARTNERSHIP OR AGENCY

This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto.

17. SEVERABILITY

The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect.

18. HEADINGS

The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof.

19. MODIFICATION OR AMENDMENT

This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided.

20. APPLICABLE LAW

This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois.

21. NEWS RELEASES

The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record.

- 7 -

22. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY’s employ or any

work associated with the PROJECT. 23. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a

result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging.

24. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment

policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor’s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois

Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human

Rights upon request 775 ILCS 5/2-105. 25. SUBSTANCE ABUSE PROGRAM. As a condition of this Agreement, CONSULTANT shall have in place a written substance

abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City’s Assistant City Manager prior to the entry into and execution of this Agreement.

26. WRITTEN COMMUNICATIONS

- 8 -

All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing.

27. NOTICES All notices, reports and documents required under this Agreement shall be in writing and

shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to the CITY: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: John M. Nardozzi, P.E. Principal Engineer Ramboll 300 S. Wacker Drive, Suite 2700 Chicago, Illinois 60606 28. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood

that in connection with the performance of this Agreement that the CONSULTANT shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT’s employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. CONSULTANT shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT’s compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT’s relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit.

- 9 -

29. EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all

of which shall constitute one and the same Agreement. This Agreement may be executed electronically and any signed copy of this Agreement transmitted by fax machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes an original signature and shall have the same legal effect as an original signature.

IN WITNESS WHEREOF, the parties hereto have entered into and executed this AGREEMENT effective as of the date and year first written above. CITY OF ELGIN: By: Richard G. Kozal, City Manager Attest: City Clerk

RAMBOLL AMERICAS INTEGRATED SOLUTIONS, INC., F/K/A O'BRIEN & GERE ENGINEERS, INC. OF NORTH AMERICA: Signature By: Name/Print: Title:

F:\Legal Dept\Agreement\Ramboll Agr-Wing Park Storage Tank-1010 Wing St-7-19-21.docx

John M. NardozziSenior Managing Engineer

ATTACHMENT A SCOPE OF SERVICES

1/7


February 8, 2021

Ramboll

333 W. Wacker Drive

Suite 2700

Chicago, IL 60606

USA

T 312-288-3800

F 414-837-3608

www.ramboll.com

Ref. 62966

Mr. William A. Cogley

Corporation Counsel/Chief Development Officer

City of Elgin

150 Dexter Court

Elgin, IL 60120

Proposal for UST Site Investigation – Wing Park LUST Incident No. 982831 1010 Wing Street, Elgin, Illinois

Dear Mr. Cogley:

Ramboll Americas Engineering Solutions, Inc. (Ramboll), formerly known as

O’Brien & Gere Engineers, Inc., is pleased to submit this proposal to perform a

UST site investigation at the above-referenced site. The scope of the investigation

follows up on the recent investigation work conducted by the Illinois Environmental

Protection Agency (Illinois EPA) in response to leaking underground storage tank

(LUST) incident No. 892831. The purpose of this investigation is to advance this

open incident to closure and assist the City in obtaining a No Further Remediation

letter related to this former UST.

A. BACKGROUND AND PROJECT UNDERSTANDING

Wing Park is an operating City park with an array of recreational facilities including

a golf course, baseball fields, water park, picnic areas and related amenities

serving the Elgin community. On November 16, 1998, a gasoline underground

storage tank was removed from the site and was determined to be a leaking UST

by the Illinois Office of the State Fire Marshal (OSFM). Subsequently, the Illinois

Emergency Management Agency (IEMA) assigned incident number 982831 to the

site. Illinois EPA records indicate that both a 20-day report and 45-day report were

filed for the incident. The UST was located immediately adjacent to the south wall

of a maintenance building located near the western boundary of the site. Prior

reports indicate that the tank was used to fuel on-site equipment associated with

park maintenance and operations.

In response to the release, the City retained an environmental consultant,

Environmental Science & Engineering, Inc. (ESE), to prepare a limited investigation

of the UST site consisting of seven soil borings. The soil analytical results indicated

levels of benzene, ethylbenzene, toluene and xylenes (BTEX) above the applicable

soil remediation objectives. ESE completed a Site Classification Work Plan dated

February 11, 2000 to outline an approach to achieve site closure in accordance

with the then current UST regulations found at 35 Ill Admin Code Part 732. Based

on the available file information, it is unclear why further work was not conducted

at the site.

In 2020, the Illinois EPA contacted the City and indicated it would conduct

environmental investigation at the site to reassess current site conditions. A limited

investigation consisting of five soil borings and two groundwater samples was

ATTACHMENT A

https://ramboll.com/

2/7


implemented on October 6, 2020. The Illinois EPA provided the results of the soil and groundwater sampling

to the City and indicated that BTEX contaminant levels, while somewhat reduced from the prior investigation

almost 20 years earlier, still exhibited exceedances of relevant soil and groundwater remediation objectives

as outlined in the Tiered Approach to Cleanup Objectives (TACO) regulations. Four of the five soil borings

were impacted with benzene above TACO Tier 1 soil remediation objectives; similarly, both groundwater

samples exhibited benzene concentrations above relevant groundwater objectives. The Illinois EPA

recommended that the City continue investigative activities to delineate soil and groundwater impacts to

advance the site toward closure.

SCOPE OF SERVICES

The purpose of this scope of work is to conduct further site investigation at the Wing Park UST location in an

effort to delineate the site and evaluate current groundwater conditions in response to Illinois EPA’s request.

The tasks outlined below will be conducted to build upon the data recently collected by the Illinois EPA and

address other information that was not obtained earlier in the process because the Site Classification Work

Plan was never implemented.

Utility Location

Ramboll will coordinate through its drilling subcontractor to arrange for a private utility location at the

above-referenced site prior to invasive site activities. If any private utilities are known or suspected, it is the

client’s responsibility to inform Ramboll prior to the start of the site investigation. The site owner will be

requested to provide a knowledgeable person regarding site utilities, as well as provide any building plans or

site surveys that may be available. JULIE will also be contacted to arrange for utility location in adjacent

public property and rights of way.

Health and Safety Plan

A site-specific health and safety plan (HASP) will be prepared and adhered to in the field during all

field-related activities. All Ramboll project personnel and subcontractor personnel assigned to the project will

have completed, at a minimum, required OSHA training in accordance with 29 CFR Part 1910.120.

Regulatory Approach

Ramboll will contact Illinois EPA and collect relevant file information regarding the site. This task is expected

to include contacting the assigned Illinois EPA Project Manager and submitting a FOIA request to obtain all

prior documents on file related to the UST incident. Further, we anticipate moving the incident from the 732

UST regulations to the 734 UST regulations so that closure can be conducted consistent with the protocols

under the Tiered Approach to Corrective Action Objectives (TACO) regulations. The key advantage of this

approach will be the use of selected TACO Tier 2 calculations to evaluate pathways of concern, such as the

soil component to groundwater pathway. To affect the change in regulatory program, a “Notice to Proceed

Under 35 Ill. Admin Code 734” form will be completed and submitted to Illinois EPA.

Potable Water Well Survey

Ramboll will research public records to determine the location of potable water supply wells in the vicinity of

the UST. This will be accomplished by accessing the Illinois EPA’s GIS database and/or by submitting

inquires to designated state and local agencies.

3/7


Soil and Groundwater Assessment

Ramboll will utilize generally accepted environmental sampling procedures to assess current site conditions.

Based on the recently completed work that included advancement of five soil borings and two groundwater

samples, Ramboll believes that the most effective way to advance the site characterization is to install five

new permanent monitoring wells to assess groundwater conditions in the vicinity of the tank area. The

groundwater investigation is needed because existing site data provided by the Illinois EPA documents that

groundwater exceeds TACO Tier 1 criteria for benzene and ethylbenzene. Five monitoring wells have been

selected based on the minimum requirements set forth in the current UST regulations for a Stage I site

investigation (35 IAC 734.315).0F

1 Soil sampling would be conducted at each monitoring well location. A

GeoProbe rig (a hydraulically operated push-probe) will be utilized as the means for maximizing the

production rate of field sampling activity.

The monitoring wells will be installed as permanent 2-inch diameter PVC wells, finished at grade with flush

mounted well boxes. By installing permanent wells, they can be utilized during future monitoring events if

needed. The wells will be surveyed, and an interface probe will be used to determine the depth to

groundwater so that a groundwater contour map can be developed. Further, up to two slug tests will be

performed to determine the hydraulic conductivity of the aquifer. For the purposes of this proposal, the

monitoring wells are estimated to be a maximum of 24 feet deep and constructed so that the 10 foot long

well screen will intercept the water table elevation.

At each monitoring well location, soil samples will be collected at two-foot intervals and field screened with a

photoionization detector (PID) with an appropriate lamp. The soils will be logged in accordance with the

Unified Code of Soil Classification (UCSC) methods and boring logs will be generated. Samples will be

selected for laboratory analysis based on PID results and visual observations made during the sampling

activities. If no observations of impact are made, a sample will be collected from directly above the

groundwater water level. One sample will be selected from each boring and submitted for laboratory

analysis.

Two additional soil borings will be located to delineate the eastern and western extent of impact around the

former UST area. These soil borings will be advanced to approximately 24 feet below ground surface (bgs) or

until a discernable clean layer of soil is encountered, whichever is less.

At one monitoring well location furthest from the UST, a soil sample will be collected and analyzed for

fraction of organic carbon content (foc ). The sample will be selected from a boring that shows no evidence of

organic impact based on PID readings and visual/olfactory indications. This sample will also be analyzed for

volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs) and total petroleum

hydrocarbons (TPH) to demonstrate that the foc sample is collected from an area of the site that is

unimpacted by organic contaminants. The foc value will be used to determine site specific soil remediation

objectives using TACO Tier 2 calculations.

Soil Vapor Assessment

Because the former UST excavation is in proximity to an existing structure, a limited assessment of the

vapor intrusion pathway will be performed. Ramboll proposes to install two soil vapor probes outside the

1 The 2002 Site Investigation Plan called for four monitoring wells. However, given the benefits of moving the site to be

closed under the Part 734 UST regulations, Ramboll has increased the number of wells to align with the current

regulations.

4/7


maintenance building in proximity to the former UST location. Two soil gas samples will be collected and

analyzed to assess whether residual impacts are above or below the industrial/commercial remediation

objectives for the indoor inhalation pathway. Note that this assessment was not part of the UST regulations

at the time the release incident was reported but is now part of the site evaluation process under the

734 regulations and TACO process.

Prior to the start of field work, Ramboll staff will need to inspect the interior of the Maintenance Building to

verify whether the structure has a basement. The presence of a basement will affect the depth for the

installation of soil gas probes. Ramboll assumes the structure is of slab on grade construction.

The soil vapor probes will be installed with the GeoProbe. Probes will be placed at 3 to 4 feet below grade

(assuming the building is of slab on grade foundation). Probes will be constructed with stainless steel

screens that connect to 3/16-inch tubing. Sand will be placed in the borehole with the vapor implant and

sealed with hydrated granular bentonite. Teflon or Teflon lined tubing will be used from the soil vapor probe

to the ground surface.

Laboratory Analytical Program

The following table summarized the proposed analytical program for delineation of the LUST.

Description Media No. of Borings

Est. Depth (ft bgs)

No. of Samples

Analytical Parameters/Methods

1 Soil Borings

Soil 7 24 7 BTEX

Method 5035/8260C

Soil 1 Field Det. 1

Foc, (ASTM D-2974-00)

VOCs (5035/8260C

SVOCs (8270D)

TPH (8015D)

2 Monitoring Wells Groundwater 5 24 5 BTEX

Method 8260C

3 Soil Gas Probes Soil Gas 2 3-4 2 BTEX

Method TO-15

BTEX = Benzene, Toluene, Ethylbenzene, Xylenes

Foc – Fraction of Organic Carbon

VOCs – Volatile Organic Compounds

SVOCs – Semi-Volatile Organic Compounds

TPH – Total Petroleum Hydrocarbons

All samples collected during the investigation will be submitted to an accredited laboratory for analysis of the

above-listed parameters. Ramboll will contact the City to discuss the need to analyze any additional samples

or further investigative borings or wells based on site observations and/or laboratory analysis of initial soil

samples. Supplemental laboratory analyses will be billed in addition to the proposed fee, if authorized by the

City.

Preparation of Report

Upon completion of site investigation activities and receipt of the laboratory analytical results, Ramboll will

document the field activities and analytical results in a Stage 1 Site Investigation Report. The report will

contain the following:

5/7


• Site history and summary of the existing data regarding the UST

• Research and findings related to the proximity of nearby potable water wells

• Narrative description of field activities and procedures employed

• Documentation of field activities

• Site base map showing pertinent site features and location of samples

• Soil boring/probe logs and monitoring well construction diagrams

• Tabulation of laboratory results and screening relative to TACO remediation objectives

• TACO Tier 2 calculations based on site specific parameters (foc) and the modeled extent of BTEX

contamination to the nearest property boundary and/or water body.

• Data evaluation and presentation of findings

• Laboratory analytical reports

• Recommendations concerning further action, if necessary.

Although Illinois EPA did not provide a complete report documenting its recent soil and groundwater

sampling effort, Ramboll will utilize the data provided by the Illinois EPA with the assumption that the data

meets accepted data quality objectives applicable to the LUST program. The information provided by Illinois

EPA is limited to analytical data tables, soil boring logs, and a site figure.

Ramboll will compare the laboratory data to the IEPA TACO Tier 1 Remediation Objectives (ROs) as a means

of assessing the site for closure under the LUST regulations. The evaluation will consider both the residential

and industrial/commercial standards based on the City’s current use of the property. A limited Tier 2

evaluation will be performed with respect to the soil component to groundwater pathway. In addition,

identified groundwater impacts will be modeled using TACO equation R26 to assess whether any off-site

impacts are present or if any water body is impacted by residual contamination. The application of Tier 3 risk

evaluation of the data is not anticipated for this project.

B. COMPENSATION

Ramboll proposes to complete the scope of work as described herein on a time and materials basis with a

not-to-exceed fee of $30,635, which includes Ramboll’s professional labor costs, travel and direct expenses

required to complete this scope of work using the project assumptions described herein. Please see the

attached Summary of Estimated Costs (Attachment 1) for a breakdown of the proposed fee.

If services beyond the base scope of work are required and authorized by the City, the work will be

performed in accordance with Ramboll’s Preferred Labor Rate Schedule.

SCHEDULE

Ramboll is prepared to initiate project activities upon written authorization from the client to proceed and

anticipates that field work can be scheduled within 12 business days of authorization assuming there is no

site access or scheduling restrictions. Winter weather or rainy conditions may affect the ability to mobilize.

Field work is estimated to take no more than 3 days including monitoring well installation, soil gas probes,

monitoring well development and slug testing. Ramboll anticipates that the sampling report will be submitted

to the City for review within 15 business days of receipt of the laboratory analytical data. The schedule and

6/7


costs assume standard 5 to 7-day laboratory turnaround time. If the proposed schedule does not meet your

needs, we will work to adjust the schedule according to your needs.

ASSUMPTIONS

The following general cost assumptions have been considered in developing the scope of and project fee:

1. Ramboll assumes that the City of Elgin will not seek to obtain reimbursement from the Illinois LUST fund.

If the City is interested in pursuing this, eligibility for reimbursement must be secured from the Office of

the State Fire Marshal prior to proceeding. Further this scope of work does not include effort to prepare

budget approval forms or submittal of reimbursement applications following the completion of work.

Ramboll can provide these services as a supplemental scope of work.

2. All field work will be performed under safety Level D personal protective equipment (PPE) procedures. If

upgrades to Level C or B are required, additional costs will accrue.

3. Work will occur during normal workday hours (Monday through Friday, 7:00 am to 5:00 pm). If work is

required at night or on weekends, cost surcharges may be applicable to labor rates and subcontracted

costs anticipated in the budget.

4. Field work will be performed under reasonable weather conditions and without major weather delays or

interruptions.

5. Field work anticipates the use of standard GeoProbe equipment for soil borings and monitoring well

installation. Extra costs may accrue for specialty drilling equipment, if necessary, based on site conditions

(i.e., low ceiling clearance, etc.).

6. The client will provide the legal right of entry and compile available information that may be pertinent to

conducting the scope of work as described herein.

7. The project budget assumes clear access to the locations where soil, groundwater, and vapor sampling is

to occur. The project budget does not include cost for removing or relocating debris, extensive concrete

coring, demolition of any structure or impediment, utility relocation or modification, or any other related

activity associated with gaining access to investigation areas.

8. Costs associated with repair of replacement of damaged utilities that are unmarked by the private utility

locator and/or JULIE, or not otherwise brought to the attention of Ramboll by the client prior to

performing field work are not included.

9. Costs to address multiple reviews by additional third parties that require submittal of additional report

drafts or labor are not included in the budget.

Terms and conditions for the work will be in accordance with Attachment 2 - Ramboll’s Standard Service

Terms and Conditions (as marked). Alternatively, Ramboll will perform the work pursuant to an Agreement

with the City reflecting terms and conditions similar to those previously agreed to by Ramboll for

environmental projects with the City of Elgin.

7/7


We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you

on this project. Please feel free to contact the undersigned at 630-881-7226 or [email protected] if

you have any questions regarding this proposal.

Sincerely,

John M. Nardozzi, PE Senior Managing Engineer

D +1 773 796 4601

M +1 630 881 7226

[email protected]

Attachments: Attachment 1 - Summary of Estimated Cost

Attachment 2 - Standard Service Terms and Conditions



CLIENT: City of Elgin 2/4/2021PROJECT DESCRIPTION: Wing Park - UST Site Investigation (Stage 1)

PROJECT/PROPOSAL: 62966RAMBOLL PROJECT MANAGER: J. Nardozzi



Report TOTAL

PERSONNEL Rate Project Manager 2 JMN Hours 2 16 18

J.Nardozzi $198 Costs 396 3168 $3,564 Engineer 3 TLH Hours 0 6 6

T.Hofmann $160 Costs 0 960 $960 Engineer 2 RCW Hours 8 0 8

R.Woodruff $115 Costs 920 0 $920 Engineer 2 CCD Hours 44 40 84

A. Barbeau $115 Costs 5060 4600 $9,660 Scientist 2 TBD Hours 0 10 10

Gorczynskla-Page, Maggie $101 Costs 0 1010 $1,010 Scientist 3 RJH Hours 8 0 8

R.Horan $125 Costs 1000 0 $1,000 Administrative Assistant 3 JLP Hours 0 4 4

J.Plamann $75 Costs 0 300 $300

Hours 62 76 138SUBTOTAL LABOR Costs $7,376 $10,038 $17,414

Administrative 6.0% Fee $443 $602 $1,045 SUBTOTAL LABOR WITH ADMINISTRATIVE $7,819 $10,640 $18,459

CLIENT: City of ElginPROJECT/PROPOSAL: 62966

RAMBOLL PROJECT MANAGER: J. Nardozzi



Report

TOTAL

EXPENSES

GW Sampling Supplies 5 Wells/2 Probes/2 borings $310 $0 $310 Field Equipment (PID,Sampling, GPS) $375 $0 $375 PPE Supplies $75 $0 $75 Vehicles/Mileage 4 site visits - 1 week $528 $0 $528

SUBTOTAL EXPENSES $1,288 $0 $1,288

Lodging $0 $0 $0 Meals $0 $0 $0 Travel (Air, Train, Bus, Cab) $0 $0 $0 Safety Audit $0 $0 $0 Rental Vehicles $0 $0 $0

5.0% Fee $0 $0 $0 $0 $0 $0

Per Diem: Meals & Expenses (GSA Overnigh GSA Rates: No Fee $96 $0 $96 Per Diem: Meals & Expenses (GSA Day RateGSA Rates: No Fee $0 $0 $0

$96 $0 $96 Misc. Proj. Materials/Supplies (shipping) $0 $0 $0

10.0% Fee $0 $0 $0 $0 $0 $0

SUBTOTAL REBILLABLES $96 $0 $96

Laboratory Analytical Services Number of SamplesCost per Sample

Soil Samples - BTEX 7 52 $364 $0 $364 Soil Samples - Foc + VOCs + SVOCs + TPH 1 222 $222 $0 $222 GW Samples - BTEX 5 32 $160 $0 $160 Soil Gas Samples - BTEX - TO15 2 195 $390 $0 $390

Analytical Subtotal 15 501 $1,136 $0 $1,136 Drilling Subcontractor

Earth Solutions, St. Charles 2 Days On-site Services $7,125 $0 $7,125 Earth Solutions, St. Charles Private Utility Locate $675 $0 $675 Purge water disposal 5- 55 Gal. Drums $875 $0 $875

SUBCONSULTANT SERVICES$0 $0 $0 $0 $0 $0

Subtotal $9,811 $0 $9,811 Administrative Fee 10.0% Fee $981 $0 $981

SUBTOTAL SUB. SERVICES $10,792 $0 $10,792

TOTAL ESTIMATED COSTS $19,995 $10,640 $30,635

SUBCONTRACT SERVICES

Sub Total

Sub Total

Sub Total

REFRESH calculations with F9

ATTACHMENT 1 -SUMMARY OF ESTIMATED COSTS

REBILLABLES

Cost Summary 2/8/2021



R E V : 4 / 2 0 2 0 | P A G E 1

RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC. STANDARD SERVICE TERMS AND CONDITIONS

1. Definitions. As and when used in this Agreement,

each of the following terms shall have the meaning set

forth below:

a) Agreement shall mean this Proposal, including the

following: Letters of Authorization or the job specific

terms on the face of any Purchase or Change Order

and the other Exhibits incorporated in this Proposal.

b) Law shall mean federal, state, and local statutes,

laws, ordinances, rules, regulations, and codes

applicable to Services.

c) Losses shall mean monetary damages suffered or

costs and expenses incurred, including interest and

reasonable attorney's fees, as a result of any

demand made, cause of action asserted, judgment

or decree entered, or any fine or penalty imposed, or

any settlement payment consented to by both

parties in connection with this Agreement.

d) RAMBOLL shall mean the Ramboll company issuing

the Proposal, Ramboll Americas Engineering

Solutions, Inc. (f/k/a O’Brien & Gere Engineers,

Inc.), unless otherwise stated in the Proposal.

e) Project shall mean the overall work to be

performed, including Services to be performed by

RAMBOLL or others on behalf of Client at or in

connection with project site(s).

f) Reimbursable Expenses shall mean the expenses

reasonably incurred by RAMBOLL, its agents and

subcontractors in performing Services, including, but

not limited to, materials, supplies, use of specialized

equipment, travel and subsistence costs, including

mileage, cellular and non-local telephone and other

communication charges, express delivery, postage

and freight charges, word processing, computer

processing and reproduction and printing charges

required in providing Services, and technical services

by others, plus permit fees, taxes, charges and

assessments on Services (unless specifically included

in the Scope of Services).

g) Services shall mean the professional, technical and

other consulting services, work or tasks to be

performed by RAMBOLL and its subcontractors as

described in the Proposal.

2. Changes in Scope. Client shall have the right within

the general purpose and intent of the Project to change,

add or delete items from Services in writing and subject

only to the agreement of RAMBOLL with respect to the

effect on cost and schedule.

3. Payment. Payment of RAMBOLL’s monthly invoice shall

be due upon receipt. Balances more than thirty (30)

days past due shall accrue interest at the rate of 1% per

month or part thereof until paid.

4. Term. Unless otherwise provided in this Agreement,

the Term hereof shall be from the date this Agreement

is signed by both Client and RAMBOLL until the

obligations imposed hereunder are fully satisfied or this

Agreement is otherwise terminated. All Services shall

be deemed to have been performed during the Term

hereof.

5. Status. Except as otherwise provided in this

Agreement, RAMBOLL shall perform the Services as an

independent contractor and shall have sole control over

the employment, assignment, discharge and

compensation of its employees. RAMBOLL shall be

solely responsible for complying with all applicable,

federal, state and local employment, wage, tax, and

insurance laws and licensing requirements.

6. Standard of Care. RAMBOLL agrees to correct or re-

perform, without additional cost to Client, any Service

not performed in accordance with the professional

standard of care prevailing at the time and in the place

where such Service is performed. Client acknowledges

that scientific, medical, and health and safety

knowledge and expertise is always evolving, and that

RAMBOLL’s work, conclusions and opinions cannot fully

anticipate or take into account changes in knowledge or

expertise that develop after the Services are performed.

The services and all deliverables are rendered based on

the specific circumstances and conditions described in

RAMBOLL’s Proposal and are intended for use by the

Client only in connection with the purpose set forth in

the Proposal. RAMBOLL disclaims all warranties relating

to any other use and Client shall indemnify, defend and

hold harmless RAMBOLL against any and all losses

relating to such other use.

7. Third Parties. The Services including, without

limitation, related communications and

deliverables/work product, and the contents of such

communications and deliverables/work product, are

solely for Client’s benefit and may not be relied upon by

or disclosed to any third party without RAMBOLL’s

express written consent. In addition, Client shall not

attribute any statement to RAMBOLL without RAMBOLL’s

express written consent. RAMBOLL shall be entitled to

injunctive relief preventing/prohibiting any disclosure or

attribution prohibited hereunder, and Client shall

release, indemnify, defend and hold harmless the

RAMBOLL from any and all losses arising from or related

to such unauthorized disclosure or attribution.

8. Insurance. Throughout the term of this Agreement,

RAMBOLL shall maintain insurance in amounts not less

than shown:

a) Worker's Compensation

Statutory amount

where Services are

performed

b) Automobile $1,000,000

c) General Liability $1,000,000

d) Professional Liability $1,000,000

e) Excess Umbrella $3,000,000 on "b" & "c"

Client agrees to require all third parties engaged by or

through Client in connection with the Project to provide

RAMBOLL with current Certificates of Insurance

endorsed to include RAMBOLL as an additional insured

on their "b," "c" and "e" policies of insurance and

authorizes RAMBOLL to enforce this provision directly

with all Project related third-parties.

R E V : 4 / 2 0 2 0 | P A G E 2

9. Compliance with Law. RAMBOLL shall comply with all

Law applicable to Services, including federal and state

Equal Opportunity Laws, orders and regulations, and

further, RAMBOLL shall not discriminate against any

employee or applicant for employment on the basis of

race, color, religion, sex, sexual orientation, gender

identity, national origin, age, physical and mental

disability, or veteran status.

10. Confidentiality. Except when 1) authorized by Client

in writing, 2) previously and independently known,

3) subsequently published through no fault of RAMBOLL

or 4) lawfully obtained from a third party having

independent knowledge, RAMBOLL shall treat as

confidential all information obtained from Client.

RAMBOLL shall provide Client with reasonable notice of

and an opportunity to legally resist any effort by a third

party to obtain disclosure of confidential information.

RAMBOLL shall be permitted to comply with any judicial

order. Client information marked confidential shall be

returned to Client at the conclusion of Services.

11. Patents. Patentable ideas, products, equipment,

materials or processes ("Ideas") developed, in whole or

in part, with proprietary information or assistance of

Client shall be the property of Client; provided,

however, that RAMBOLL shall have an unlimited, royalty

free, nonexclusive, nontransferable (other than to its

successors), world-wide license for their use,

reproduction, manufacture and sale. Ideas developed by

RAMBOLL during or as part of its performance of the

Services which do not depend on proprietary

information or assistance provided by Client shall be the

property of RAMBOLL; provided, however, that Client

shall have an unlimited, royalty free, nonexclusive,

nontransferable license for their use by and for Client.

12. Client Responsibilities. Client shall on a continuing

basis throughout the term of this Agreement:

a) maintain a designated representative, who shall be

reasonably available to meet with RAMBOLL on

Client's behalf;

b) provide RAMBOLL with all relevant Project related

data available to Client, and unless otherwise

provided in the Scope of Services, Client shall

provide RAMBOLL with accurate, current land

surveys showing the location of on-site utilities and

subsurface structures, test boring logs and other

subsurface information necessary for performance of

Services;

c) provide all negotiation for, and acquisition of, lands,

rights-of-way and easements required for

performance of Services;

d) arrange for access, entry and use of property of

Client (including utilities thereon) and others, as and

when reasonably required by RAMBOLL for

performance of Services.

13. Additional Cost or Delay. RAMBOLL shall not be

responsible or liable for delay or additional Project cost

resulting from:

a) the lack or insufficiency of performance by any

person or entity not selected by, engaged by, and

responsible to RAMBOLL,

b) changes, delays or additional Services not

necessitated by the acts or omissions of RAMBOLL,

c) unreasonable or repeated delay in response to

requests, applications or reviews by Client or third

parties.

d) damage to underground utilities or structures not

accurately located on plans, maps or figures

furnished to RAMBOLL.

14. Change in Law. Client shall bear the cost of any

material change in or addition to Services resulting from

a change in Law or interpretation effective after the date

of this Agreement.

15. Force Majeure. Neither party shall be liable for loss or

damage suffered by the other as a result of any failure

or delay in the performance of its obligations under the

Agreement caused by a Force Majeure event, including

without limitation strike, lockout, embargo, riot, war,

act of terrorism, epidemic or other outbreak of disease,

fire, act of God, accident, failure or breakdown of

components necessary to order completion,

subcontractor or supplier non-performance, inability to

obtain labor, materials or manufacturing facilities, or

compliance with any law, regulation or order, or

circumstances or conditions which in the discretion of

RAMBOLL may pose a material risk to the health or

safety of the employees of RAMBOLL, its affiliates or

subcontractors, or circumstance beyond its reasonable

control. The party relying on this provision shall give

prompt notice to the other party of the event or

circumstance and shall take all reasonable steps to

resume performance at the earliest possible date. In

the event of a Force Majeure, the time for performance

of Services shall be extended by the number of days

from the date notice is given until performance is able

to be resumed.

16. Other Use of Results. Client acknowledges that

deliverable documents, drawings and data in whatever

form (“Documents”) produced directly or indirectly

through the efforts of RAMBOLL in performing Services

and any analyses, recommendations, or conclusions

("Results") they contain are based upon the specific

circumstances and conditions of the Project and are

intended solely for use by Client in connection with the

Project.

Any change or other than agreed upon use of

Documents or Results shall be at the sole risk of Client.

Regardless of when delivered, Documents and Results

shall become the property of Client upon RAMBOLL’s

receipt of payment. Client agrees to defend, indemnify

and hold harmless RAMBOLL from and against any and

all Losses arising from Client’s direct or indirect use of

Documents or Results, other than in connection with

Project.

17. Suspension of Services.

a) Client shall have the right to suspend all or part of

the Services, provided, Client gives RAMBOLL at

least seven (7) days' notice of the dates each

suspension is to begin and end. In the event Client

suspends Services for period(s) totaling more than

ninety (90) days, Client agrees to pay reasonable

costs incurred by RAMBOLL in (i) preserving and

documenting Services performed or in progress, and

(ii) demobilizing and remobilizing Services.

b) In the event Client does not make timely payment of

the invoiced amounts as provided herein, RAMBOLL

shall in addition to its other rights, have the right,

upon seven (7) days' notice, to suspend performance

of all or part of the Services until (i) all past due

amounts are paid, and (ii) satisfactory assurance of

prompt future payment is received.

R E V : 4 / 2 0 2 0 | P A G E 3

18. Indemnification.

a) Subject to paragraph 20 of these Standard Service

Terms & Conditions, RAMBOLL agrees to defend,

indemnify and hold harmless Client, its directors,

officers, employees, agents, successors and assigns

from Losses to the extent and in the proportion

caused by the willful misconduct or negligent acts,

errors or omissions of RAMBOLL, its directors,

officers, employees, and its agents, subcontractors,

successors and assigns.

b) To the extent and in the proportion not caused by

the willful misconduct or negligent acts, errors or

omissions of RAMBOLL, its directors, officers,

employees or its agents, subcontractors, successors

and assigns, Client agrees to defend, indemnify and

hold said persons harmless from Losses arising in

connection with Project.

19. Limitation of Damages. The parties waive any right

they may have at law or in equity to demand or receive

consequential or punitive damages.

20. Liability. The maximum liability of RAMBOLL, its

directors, officers, employees and its agents,

subcontractors, successors and assigns to Client

pursuant to this Agreement, including paragraphs 6

and/or 18a of these Standard Service Terms &

Conditions, shall be limited to Five (5) times the

Agreement amount, but in no event more than

$1,000,000.

21. Mediation of Disputes. The parties agree to make a

good faith effort to resolve any controversy, dispute or

claim arising out of, or related to, this Agreement

("Dispute") by the use of alternative dispute resolution

procedures provided herein, prior to, and as a condition

of, commencing any action or proceeding at law or in

equity. Specifically, each party agrees to provide the

other prompt written notice of the specific subject(s)

and/or circumstance(s) in Dispute. If the Dispute is not

resolved to the mutual satisfaction of the parties within

ten (10) days of receiving notice, either party may

request mediation. Mediation shall be 1) by a qualified,

experienced mediator agreeable to both parties as

supplied by the American Arbitration Association,

Endispute, Inc., or other mutually agreeable source,

2) at the earliest available date of the mediator, and

3) in the major city closest to the Project site where

RAMBOLL’s Services are performed or as otherwise

agreed by the parties. The cost of mediation services

shall be shared equally by the parties.

22. Termination. Either party shall have the right to

terminate this Agreement without cause upon thirty

(30) days' notice.

23. Modification. This Agreement shall not be modified or

replaced, in whole or in part, except by written

amendment signed by both parties.

24. Notice. All notices shall be given to the other party in

writing by hand delivery, by express service providing

proof of delivery, by facsimile transmission and/or by

registered mail, postage paid, return receipt requested,

at the address appearing on the first page of this

Agreement or such other address as the parties shall

from time to time give notice.

25. Interpretation. This Agreement shall be interpreted

and enforced in accordance with the Laws of the State

of New York except for its choice of law rules.

26. Severability. If any provision of this Agreement is

determined or declared by a court of competent

jurisdiction to be invalid or otherwise unenforceable, all

remaining provisions of this Agreement shall be

unaffected and shall be interpreted so as to give the

fullest practicable effect to the original intent of the

parties.

27. Waiver. Unless otherwise agreed in writing, neither

party's waiver of the other's breach of any term or

condition contained in this Agreement shall be deemed a

waiver of any subsequent breach of the same or any

other term or condition of this Agreement.

28. Integration. This Agreement shall constitute the entire

agreement between the parties. There are no

representations or other agreements, oral or written,

between the parties other than as set forth in this

Agreement.

nardozjm

Cross-Out

AGENDA ITEM: F MEETING DATE: July 28, 2021

ITEM: Acceptance of Plat of Easement for Sidewalk, Water Shutoff Access and Stormwater Manage-ment Purposes within the Site Located at 300 North State Street (No cost) OBJECTIVE: Fulfill the City’s obligation to maintain reliable infrastructure for serving businesses and resi-dents. RECOMMENDATION: Approve the acceptance of the plat of easement for sidewalk, water shutoff access and storm-water management purposes within the site located at 300 North State Street. The proposed sidewalk easement for this development allows a continuous accessible route along Illinois Route 31 where it intersects with Lawrence Avenue and Kimball Street. This easement also allows the City to enter onto the private property to operate and maintain the sidewalk. This de-velopment has a water shut-off box located outside of the right-of-way. The proposed access easement allows the City to enter onto the private property to access the shut-off boxes in con-nection with the domestic water service. The proposed stormwater management easement for the development allows the City to enter onto the private property in the event the property owners fail to maintain the storm-water facil-ities and also ensures the area remains utilized for stormwater management purposes. This ease-ment is required per the Kane County Stormwater Ordinance. BACKGROUND The owner identified as Fox River Crossing LP provided engineering plans for the development located at 300 North State Street, which were reviewed and subsequently approved by the engi-neering department in February 2019. The development is located on the west side of State Street (Illinois Route 31), between Lawrence Avenue and Wing Street. A location map is provided as Attachment A.

2

To maintain a clear accessible route as required by the 2018 Illinois Accessibility Code, a sidewalk easement over areas on private property that do not have an adjacent sidewalk within public right-of-way allows the City to operate and maintain the sidewalk. Certain developments have water shut-off boxes outside of right-of-way and require an access easement to control the domestic water service to the building. The watermain connecting the shut-off boxes is a private utility and will not be maintained by the City. The proposed access easement allows the City to enter onto private property to access the shut-off boxes to change out a water meter or shut off water for nonpayment. It is advantageous for the City to accept these easements to maintain access to the shut-off boxes. Certain single lot developments, such as the subject site, are required to provide a stormwater management facility to compensate for the impervious area constructed. Per Article 6 of the Kane County Stormwater Ordinance, it is the property owner’s responsibility to provide long term maintenance for the stormwater management facility. The proposed easement allows the City to enter onto the private property in the event the property owners fail to maintain the storm-water facility. In addition, the easement ensures the area remains a stormwater management facility. OPERATIONAL ANALYSIS The easements will allow the City access to the property should the need arise. The sidewalk easement will allow the City access to the property to operate and maintain the sidewalk for American with Disabilities Act (ADA) compliance. The shut-off access easement is beneficial should the water need to be turned off or a meter changed. The stormwater management ease-ment ensures that those areas remain stormwater management facilities. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There are no direct immediate costs associated with acceptance of these easements. BUDGET IMPACT

FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT BUDGETED

AMOUNT AVAILABLE

N/A N/A N/A N/A N/A LEGAL IMPACT None.

3

ALTERNATIVES None. The City must have these easements in place to enter onto private property. The Kane County Stormwater Ordinance requires easements to be granted for the maintenance of storm-water facilities in the event the owners fail in their maintenance obligations. NEXT STEPS 1. Approve a resolution accepting the plat of easement.

2. Record the plat of easement at the Kane County Recorder’s Office.

3. Provide a copy of the recorded document to the site owner. Originators: Amanda Olsen, CFM, Engineer I

Eric Weiss, P.E. Water Director Ronald Rudd, P.E., City Engineer

Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager

ATTACHMENTS A. Location Map B. Plat of Easement

Project Location

ATTACHMENT A

300 N State Street - Location Map

ATTACHMENT B

ATTACHMENT B

ATTACHMENT B

AGENDA ITEM: G MEETING DATE: July 28, 2021

ITEM: Acceptance of Public Improvements and Easement for Stormwater Management and Watermain Purposes within the Site Located at 1023 North Randall Road ($2,088 estimated five-year maintenance cost) OBJECTIVE: Fulfill the City’s obligation to maintain reliable infrastructure for serving businesses and residents. RECOMMENDATION: Approve the acceptance of the public improvements and related easement for ownership and maintenance within the site located at 1023 North Randall Road. The commercial development at 1023 North Randall Road was required to construct a public wa-termain to serve the planned building. The proposed easement allows the City to enter the private property to operate, maintain and repair the public watermain. The public improvements being accepted include watermain, valves, vaults and fire hydrants. The proposed stormwater maintenance easement for 1023 North Randall Road allows the City to enter onto the private property in the event the property owners fail to maintain the stormwater facilities and ensures the area remains utilized for stormwater management. BACKGROUND The owner, identified as Fidelity Companies, provided engineering plans for the development at 1023 North Randall Road, which were reviewed and subsequently approved by the engineering department. The development is located in the Valley Creek Subdivision, Unit No. 15, Lots 568 thru 572 north of Royal Boulevard. A location map is provided as Attachment A. Certain single lot developments, including the subject site, are required to extend public utilities onto private property and are required to provide an easement over these utilities. The public improvements extended with the development at 1023 North Randall Road include the water-main and its respective appurtenances. The proposed easement allows the City to enter onto private property to maintain the public infrastructure and prevent private improvements from interfering with the operation of the public utilities. It is advantageous for the City to accept these easements to maintain control over public utilities.

2

Certain single lot developments, such as the subject site, are required to provide a stormwater management facility to account for the amount of impervious area constructed. Per Article 6 of the Kane County Stormwater Ordinance, it is the property owner’s responsibility to provide long term maintenance for the stormwater management facility. The proposed easement allows the City to enter onto the private property in the event the property owners fail to maintain the stormwater facility. In addition, the easement ensures the area remains a stormwater manage-ment facility. OPERATIONAL ANALYSIS Acceptance of the public improvements will add the following City maintained facilities: 870 lin-eal feet of 8-inch watermain; one 6-inch valve in a 48-inch vault; two 8-inch valves in 60-inch vaults; two fire hydrants and all their respective appurtenances. The City will perform a follow up inspection within the twelve-month maintenance period from the date of the resolution accept-ing the public improvements. The City’s acceptance of the City easement will ensure proper general maintenance of the wa-termain, providing residents and visitors with reliable infrastructure for business and leisure ac-tivities. The stormwater management easement will allow the City access to the property in the event the property owners fail to maintain the stormwater facilities and encumber those areas, so they remain stormwater management facilities. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There are no direct immediate costs associated with acceptance of this easement. Maintenance and operating costs associated with the watermain and its appurtenances within the easement will increase over time and will be included as part of the annual budgeting process. The total cost of maintenance is estimated to be $2,088 over the next five years. BUDGET IMPACT


AMOUNT AVAILABLE

N/A N/A N/A N/A N/A LEGAL IMPACT None.

3

ALTERNATIVES None. The City must have an easement to enter onto private property to access the watermain. The Kane County Stormwater Ordinance requires easements to be granted for the maintenance of stormwater facilities in the event the owners fail in their maintenance obligations. NEXT STEPS 1. Approve a resolution accepting the plat of easement.


3. Provide a copy of the recorded document to the site owner.

4. Secure a twelve-month surety in the amount of ten percent of the cost for the accepted improvements to ensure them against defects caused by faulty workmanship or inferior materials.

5. If no defects are found within twelve months after city council’s acceptance of the public improvements, return the twelve-month surety to Fidelity Companies.

Originators: Brooke Snow, Engineer I

Ronald L. Rudd, P.E., City Engineer Eric Weiss, P.E., Water Director

Final Review: Debra Nawrocki, Chief Financial Officer


ATTACHMENTS

A. Location Map B. Plat of Easement

Project Location

ATTACHMENT A

LOCATION MAP

SITE

ATTACHMENT B

CITY EASEMENT (C.E.) PROVISIONS

“ ” “ ”

STORMWATER MANAGEMENT EASEMENT (S.W.M.E.) PROVISIONS

“ ”

“ ”

“ ” “ ”

COUNCIL'S CERTIFICATE

AGENDA ITEM: H MEETING DATE: July 28, 2021

ITEM: Acceptance of a Plat of Easement for Storm Water Management Purposes within the Site Located at 1300 Holmes Road (No cost) OBJECTIVE: Fulfill the City’s obligation to maintain reliable infrastructure for serving businesses and residents. RECOMMENDATION: Approve the acceptance of the Plat of Easement for Storm water Management Purposes within the site located at 1300 Holmes Road. The proposed easement for Price Circuits at 1300 Holmes Road allows the City to enter onto the private property in the event the property owners fail to maintain the stormwater facilities and ensures the area remains utilized for stormwater management purposes. This easement is re-quired per the Kane County Stormwater Ordinance. BACKGROUND The owner identified as JMS Leasing and Management LLC, provided engineering plans for the addition of Price Circuits at 1300 Holmes Road, which were reviewed and subsequently approved by the engineering department. The development is located at the northeast corner of Davis Road and Holmes Road. A location map is provided as Attachment A. Certain lot developments, such as the subject site, are required to provide a stormwater man-agement facility to account for the amount of impervious area constructed. Per Article 6 of the Kane County Stormwater Ordinance, it is the property owner’s responsibility to provide long term maintenance for the stormwater management facility. The proposed easement allows the City to enter onto the private property in the event the property owners fail to maintain the storm-water facility. In addition, the easement ensures the area remains a stormwater management facility

2

OPERATIONAL ANALYSIS The easement will allow the City access to the property in the event the property owners fail to maintain the stormwater facilities and encumber those areas, so they remain stormwater man-agement facilities. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There are no direct immediate costs associated with the acceptance of the easement.

BUDGET IMPACT


AMOUNT AVAILABLE

N/A N/A N/A N/A N/A

LEGAL IMPACT None. ALTERNATIVES None. The Kane County Stormwater Ordinance requires easements to be granted for the mainte-nance of stormwater facilities in the event the owners fail in their maintenance obligations. NEXT STEPS

1. Approve a resolution accepting the plat of easement.


3. Provide a copy of the recorded document to the site owner.

3

Originators: Amanda Olsen, CFM, Engineer I

Ronald L. Rudd, P.E., City Engineer Final Review: Debra Nawrocki, Chief Financial Officer


ATTACHMENTS A. Location Map B. Plat of Easement

City of Elgin 1300 Holmes Road Location Map

Attachment A Location =

ATTACHMENT B

AGENDA ITEM: I MEETING DATE: July 28, 2021

ITEM: Construction Engineering Services Agreement with Gewalt Hamilton Associates, Inc. for the 2021 Community Development Block Grant Neighborhood Streets Resurfacing Project ($63,500) OBJECTIVE: Provide field inspection, design interpretation, construction documentation, contract administra-tion including all required documentation, coordination with Kane County and general coordina-tion and control of the day-to-day construction activities for the resurfacing of various residential streets for the 2021 Community Development Block Grant Neighborhood Streets Resurfacing Project. RECOMMENDATION: Enter into a professional services agreement with Gewalt Hamilton Associates, Inc. to provide construction engineering services in an amount not to exceed $63,500. This agreement authorizes the City’s engineering consultant to oversee the construction of the 2021 Community Development Block Grant (CDBG) Neighborhood Streets Resurfacing Project by providing field inspections, design interpretation, construction documentation, contract admin-istration and project coordination. This will help ensure the timely and proper completion of the work located within the project area, which includes North Jackson Street, Silver Court and Ball Street.

BACKGROUND The City receives funds annually from the U.S. Department of Housing and Urban Development (HUD) through the CDBG Program, with the purpose of improving low- to moderate-income areas throughout the City. A portion of the CDBG funds received in 2021 will be used to improve resi-dential streets located on the City’s west side. Proposed improvements included as a part of this project are the resurfacing of North Jackson Street and the reconstruction of Silver Court and Ball Street.

2

The work on North Jackson Street will generally include pavement milling and resurfacing, Amer-ican with Disabilities Act (ADA) sidewalk access improvements, minor drainage and sewer struc-ture maintenance. Street resurfacing extends the life of the existing pavement (i.e., the portion of the pavement below the surface course) by resurfacing and sealing the surface to prevent rain water from reaching the base course. This maintenance is performed to extend the life of the pavement as far into the future as possible before rehabilitation and replacement is needed. The work on Silver Court and Ball Street will include subbase replacement and resurfacing, also known as pavement reconstruction, which will replace the existing failing base with a new, struc-turally sound base for the surface course on which the top will be built. The work on these streets will also include curb and gutter removal and replacement, sidewalk removal and replacement, ADA sidewalk access improvements and minor drainage and sewer structure maintenance. OPERATIONAL ANALYSIS The City regularly utilizes engineering consulting firms to provide the construction engineering services for capital projects, including roadway improvements. This agreement allows for re-quired daily inspection, field reporting, record keeping, coordination and communication with Kane Country regarding the use of CDBG funds, contractor communications and overall project coordination required to construct capital projects. If approved, construction will take place be-tween August and October of 2021. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The proposed agreement contemplates construction engineering services in an amount not to exceed $63,500, as detailed in the fee estimate contained within the agreement. The construction phase of this project has been bid and will be presented separately to council for approval. Construction is scheduled to be completed during this construction season. The CDBG Annual Action Plan for Program Year 2021 provides $480,000 for neighborhood street re-surfacing projects, which includes the cost of construction and construction engineering services. BUDGET IMPACT


AMOUNT AVAILABLE

CDBG 230-0000-791.30-99 340126 $480,000 $480,000

3

LEGAL IMPACT Approval of this agreement is an exception to the procurement ordinance and will require ap-proval by two-thirds of the council for acceptance. ALTERNATIVES The city council may choose to not authorize the agreement with Gewalt Hamilton Associates, Inc. City staff could seek additional proposals from other engineering firms, or attempt to per-form the inspection in addition to regular duties. Both options would likely delay the completion of the work into next year. NEXT STEPS 1. Execute the Construction Engineering Services Agreement with Gewalt Hamilton Associ-

ates, Inc.

2. Issue directive to engineer to begin work.

Originators: Mike Pubentz, Public Works Director Max Heidgen, Engineer I Final Review: Debra Nawrocki, Chief Financial Officer


ATTACHMENTS

A. Construction Engineering Services Agreement with Gewalt Hamilton Associates, Inc.

AGREEMENT THIS AGREEMENT is made and entered into this ____ day of _________, 20_____, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as “CITY”) and Gewalt Hamilton Associates, Inc., an Illinois corporation (hereinafter referred to as “ENGINEER”). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the 2021 CDBG Neighborhood Streets Resurfacing Project (hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public

Works of the CITY, herein after referred to as the “DIRECTOR”. B. Services included are as follows: Construction full time observation, report

preparation and distribution, resident correspondence, quantity verification, County coordination, and construction layout, as needed.

C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A,

and incorporated into this Agreement by this reference. D. This Agreement with the ENGINEER is germane to the original Agreement with

the ENGINEER with respect to the PROJECT as signed and this Agreement is in the best interest of the CITY and authorized by law.

2. PROGRESS REPORTS

A. An outline project milestone schedule is provided hereinunder. a. July 28, 2021; Construction Contract Award b. August 12, 2021; Construction Engineering Services Notice to Proceed c. August 16, 2021; Begin Construction d. October 1, 2021; Substantial construction completion e. October 8, 2021; Final Project Close out

- 2 -

B. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below.

C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to

the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues.

3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER’S execution of this Agreement shall constitute ENGINEER’S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the rates indicated on

Attachment C, attached with the total fee not to exceed $63,500.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties.

B. For outside services provided by other firms or subconsultants, the CITY shall pay

the ENGINEER the invoiced fee to the ENGINEER. The cost of any such outside services is included within the total not-to-exceed amount of $63,500.00 provided for in Section 4A above.

C. The cost of any such reimbursable expenses is included within the total not-to-

exceed amount of $63,500.00 provided for in Section 4A above. Reimbursable costs include company vehicle use and resident documentation generation.

D. The CITY shall make periodic payments to the ENGINEER based upon actual

progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following

- 3 -

schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR.

Invoice Number

Anticipated Date of Invoice

Estimated Amount of

Invoice

Percentage of Work

Completed

Estimated Amount

Remaining

Percentage of Work

Remaining 1 August 27, 2021 $15,875.00 25% $47,625.00 75% 2 September 17, 2021 $31,750.00 75% $15,875.00 25% 3 October 18, 2021 $15,875.00 100% 0% 0%

E. A summary of expected tasks, labor efforts, fees and direct costs is attached as

Attachment D. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress

reports (2C above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost

incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement.

6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under section 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes

- 4 -

in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement.

- 5 -

12. INSURANCE The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, the following types and amounts of insurance: A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain

in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage.

The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance

naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR.

The Certificate of Insurance which shall include Contractual obligation assumed by

the ENGINEER under Article 10 entitled “Indemnification” shall be provided. This insurance shall apply as primary insurance with respect to any other insurance

or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY.


Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property.

C. Combined Single Limit Policy. The requirements for insurance coverage for the

general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate.

D. Professional Liability. The ENGINEER shall carry Engineers Professional

Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR.

13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,

PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services.

- 6 -

14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any section, sub-section, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several sections of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of

- 7 -

any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties;

- 8 -

E. the legal recourse, investigative and complaint process available through the

Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights

Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows:

A. As to CITY: Mike Pubentz, P.E. Public Works Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555

B. As to ENGINEER: Carissa Smith, P.E. 625 Forest Edge Drive Vernon Hills, IL 60061

29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and

- 9 -

warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. 30. EXECUTION This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By By: City Manager Name/Print: Carissa Smith, P.E. Title: Senior Engineer Attest: City Clerk F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-clean-10-2-18.docx


1. Construction Engineering

GHA will provide the following services: 1. Oversee a scheduled pre-construction meeting with project stakeholders prior to

the start of construction and provide the meeting attendees with a summary in the form of Minutes for their records.

2. Review drawings, diagrams, illustrations, brochures, catalog cuts, shop drawings, project schedules, and other data which the contractor is required to submit for conformance with the design concept and compliance with the contract documents.

3. Attend and moderate weekly meetings on site with the Contractor and City staff. 4. GHA to provide daily and weekly updates to City for their use with their 311

community outreach system. 5. GHA to conduct coordination with the County and facilitate required

documentation for the CDBG funding. 6. GHA will provide dedicated staff certified in IDOT Documentation of Contract

Quantities to serve as the Resident Engineer (R.E.), provide detailed construction documentation for the project duration, and ensure the site is built to general conformance with the contract plans and specifications. We will utilize our IDOT-based documentation format to provide Daily Reports, progress quantity documentation, Quantity Book to track daily quantities, Pay Estimates, Authorizations, and numerous other documents. GHA will keep a project box on site, including all the necessary up-to-date documentation in accordance with standard procedures and IDOT’s Documentation of Contract Quantities guide. Once complete, we will provide the completed job box to the City upon project close out.

7. The R.E. will coordinate with the City regarding construction scheduling and any road closures, parking restrictions, lot closures, etc.

8. GHA will coordinate and distribute bi-lingual resident notifications, approved by the City, at the beginning of the project and/or any impact to driveway.

9. GHA will provide full-time construction observation of the construction operations and processes to ensure materials and procedures are in general conformance with the contract documents.

This proposal is based on an estimated construction schedule of 6 weeks at 40 hours per week for a Staff Engineer or Engineering Technician. If construction activities extend beyond the estimated 6 weeks, due to tasks out of GHA’s control or the contractor’s failure to complete the project within the estimated 6 weeks, we will request additional service requests to account for GHA’s additional time.

10. We are anticipating this project to be on a full-time basis; therefore, GHA will conduct site visits and generate field reports for each visit within the allocated time frame. We will measure, record, and provide source documentation daily for

- 11 -

all quantities for which payment will be made, and we will adhere to general IDOT requirements regarding inspection rates, including, but not limited to, depth checks, subgrade proof-rolls, yield requirements, and material weight ticket collection to help facilitate a timely project closeout.

11. If a field change or Authorization is required, whether force account or agreed unit price, GHA will notify and advise the City prior to making any decisions that may affect the budget. In addition, our documentation of the Contractor’s daily activities will help provide sufficient information to permit verification of the nature and costs of any changes in plans or authorized extra work.

12. GHA will contract and coordinate with our subconsultant, who will administer the quality assurance testing for the field and laboratory requirements regarding hot-mix asphalt, concrete, soils, and aggregate quality. We will confirm and document that all the materials used on the site meet or exceed the quality requirements of the contract.

13. GHA will perform daily traffic control inspections in addition to those required weekly, and respectively submit deficient remarks to the Contractor with appropriate corrections requested.

14. GHA will make observations of the utility marks provided by the J.U.L.I.E. system and address potential conflicts with the Contractor.

15. GHA will establish a formal Pay Estimate schedule, and ensure all parties are in accordance with the intervals. GHA will prepare monthly pay requests for the City’s review and provide the required documentation and correspondence necessary for the City to recommend payment. We anticipate two (2) pay requests utilizing the assumed 6-week construction schedule, and one (1) final pay estimate upon project closure.

16. GHA will schedule a “substantial completion” walk-through upon project substantial completion with the Contractor and City's representatives to generate a punch list of deficiencies. Once punch list items are complete, GHA will coordinate and conduct a final inspection of the project with City representatives.

17. GHA will verify the compliance with all regulatory permits and document the close out of these permits.

18. GHA will coordinate contract closeout procedures with the Contractor, City, and permitting agencies to ensure an expedient and productive closeout.

2. Construction Layout 1. GHA will confirm the existing horizontal and vertical site control network that was

established at the time of the existing conditions survey. The horizontal and vertical control will be offset to areas that will not be disturbed. Control will be maintained throughout the duration of the project.

2. GHA will layout the proposed sidewalk along Silver Court, per plan, prior to construction commencing.

3. GHA anticipates one visit per layout entity for a total of one visit. Any additional visits due to removal or damage of layout stakes will be provided as an additional service.

ATTACHMENT B PROJECT SCHEDULE

2021 CDBG Neighborhood Street Resurfacing Program PROJECT CONSTRUCTION SCHEDULE

7/14/2021

PROPOSED PROJECT TASKS Jul-21 Aug-21 Sep-21 Oct-21

Contract Award (7/28/21)

Construction Engineering Services Notice to Proceed (8/12/21)

Construction Pre-construction meeting (8/12/21)-tentative Construction Start (8/16/21)

Construction duration (8/16/21 – 10/1/21)

Substantial Completion (10/1/21)

Final Completion (10/8/21)

- 13 -

ATTACHMENT C EMPLOYEE CLASSIFICATIONS AND RATES

GHA PROFESSIONAL SERVICES HOURLY RATE GUIDE: 2021

The following rates will remain in effect until December 31, 2021, at which time they are subject to an annual increase:

PRINCIPAL $ 222.00 CIVIL ENGINEER VI $ 190.00 CIVIL ENGINEER V $ 186.00 CIVIL ENGINEER IV $ 184.00 CIVIL ENGINEER III $ 165.00 CIVIL ENGINEER II $ 155.00 CIVIL ENGINEER I $ 135.00

LAND SURVEYOR IV $ 158.00 LAND SURVEYOR III $ 136.00 LAND SURVEYOR II $ 132.00 LAND SURVEYOR I $ 124.00

GIS PROFESSIONAL III $ 165.00 GIS PROFESSIONAL II $ 144.00 GIS PROFESSIONAL I $ 134.00

AICP II $ 128.00

ENVIRONMENTAL CONS. II $ 140.00 ENVIRONMENTAL CONS. I $ 128.00

ENGINEERING TECHNICIAN V $ 184.00 ENGINEERING TECHNICIAN IV $ 140.00 ENGINEERING TECHNICIAN III $ 128.00 ENGINEERING TECHNICIAN II $ 112.00 ENGINEERING TECHNICIAN I $ 84.00

ADMINISTRATIVE I $ 68.00 Services provided under this Agreement will be billed according to the rates in effect at the time services are rendered.

- 14 -

ATTACHMENT D COST BREAKDOWN

1. Construction Layout (12 hours) $ 1,800.00 2. Construction Observation (234 hours) $ 37,000.00 3. Construction Coordination and documentation (80 hours) $ 16,200.00 4. Project Close out (20 hours) $ 3,000.00 5. Material Testing (Subconsultant) (20 hours) $ 4,000.00 6. Reimbursables (Vehicle use, Documentation Printing) $ 1,500.00

Total: $63,500.00

AGENDA ITEM: J MEETING DATE: July 28, 2021

ITEM: Construction Engineering Services Agreement with Chastain & Associates LLC for the 2021 Near West Neighborhood Resurfacing Project ($54,589) OBJECTIVE: Provide field inspection, design interpretation, contract administration including all required mo-tor fuel tax documentation, and general coordination and control of the day-to-day construction activities for the resurfacing of various residential streets for the 2021 Near West Neighborhood Resurfacing Project. RECOMMENDATION: Enter into a professional services agreement with Chastain & Associates LLC to provide construc-tion engineering services in an amount not to exceed $54,589. This agreement authorizes the City’s engineering consultant to oversee the construction of the 2021 Near West Neighborhood Resurfacing Project by providing field inspections, design inter-pretation, contract administration and project coordination. This will help ensure the timely and proper completion of the work located within the project area, which includes Melrose Avenue, Edison Avenue, Van Street and Worth Avenue.

BACKGROUND The City has regularly budgeted for an annual neighborhood street resurfacing program designed to maintain and improve residential roadways throughout the City. The 2021 resurfacing program will be funded by the City’s Motor Fuel Tax (MFT) allotment. This portion of the 2021 resurfacing program will target streets located on the City’s west side, and will include Melrose Avenue, Ed-ison Avenue, Van Street and Worth Avenue. Resurfacing work will generally include pavement milling and resurfacing, American with Disabil-ities Act (ADA) sidewalk access improvements and minor drainage and sewer structure mainte-nance. Subbase repair and replacement will be included in various locations to improve pave-ment strength. The City’s street resurfacing program extends the life of the existing pavement

2

(i.e., the portion of the pavement below the surface course) by resurfacing and sealing the sur-face to prevent rain water from reaching the base course. The primary purpose of the street resurfacing program is to provide pavement maintenance rather than pavement improvement. This maintenance is performed to extend the life of the pavement as far into the future as possi-ble before rehabilitation and replacement is needed. OPERATIONAL ANALYSIS The City regularly utilizes engineering consulting firms to provide the construction engineering services for capital projects, including roadway improvements. This agreement allows for re-quired daily inspection, field reporting, record keeping, contractor communications and overall project coordination required to construct capital projects. If approved, construction will take place between August and October of 2021. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The proposed agreement contemplates construction engineering services in an amount not to exceed $54,589, as detailed in the fee estimate contained within the agreement. The construction phase of this project has been bid and will be presented separately to council for approval. Construction is scheduled to be completed during this construction season. The 2021 adopted budget provides $4.5 million for neighborhood street resurfacing projects. Re-maining budgeted funds will be expended in other residential areas within the City. BUDGET IMPACT


AMOUNT AVAILABLE

Motor Fuel Tax 290-0000-791.30-03 290004 $54,589 $54,589 LEGAL IMPACT Approval of this agreement is an exception to the procurement ordinance and will require ap-proval by two-thirds of the council for acceptance. ALTERNATIVES The city council may choose to not authorize the agreement with Chastain & Associates LLC. City staff could seek additional proposals from other engineering firms, or attempt to perform the

3

inspection in addition to regular duties. Both options would likely delay the completion of the work into next year. NEXT STEPS 1. Execute the Construction Engineering Services Agreement with Chastain & Associates LLC.


Originators: Mike Pubentz, Public Works Director Max Heidgen, Engineer I Final Review: Debra Nawrocki, Chief Financial Officer


ATTACHMENTS

A. Construction Engineering Services Agreement with Chastain & Associates LLC

AGREEMENT THIS AGREEMENT is made and entered into this ____ day of _________, 20_____, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as “CITY”) and CHASTAIN & ASSOCIATES LLC, an Illinois corporation (hereinafter referred to as “ENGINEER”). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the 2021 NEAR WEST NEIGHBORHOOD RESURFACING PROJECT (IDOT MFT SECTION NO. 21-00000-06-GM) (hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public

Works of the CITY, herein after referred to as the “DIRECTOR”. B. Services included are as follows:

Project startup coordination Attend preconstruction meeting with the City of Elgin , the contractor and the

subcontractor Attend weekly construction progress meetings Construction administration/coordination

o Review of project execution o Project documentation o Monitoring of project schedule and budget o Project correspondence o Communications of construction activity on the City of Elgin’s 311

Notification Center Part-time construction observation, to include the observation of the following:

o Concrete removals and replacements for curb and gutter and sidewalks o ADA sidewalk ramps o Utility and drainage structures replacements, reconstructions and

adjustments o Hot-mix asphalt pavement o Landscaping restoration

Project close-out Coordinate QA materials testing

- 2 -

C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by this reference.

D. This Agreement with the ENGINEER is germane to the original Agreement with

the ENGINEER with respect to the PROJECT as signed and this Agreement is in the best interest of the CITY and authorized by law.

2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder.

1) Bid Opening – July 14, 2021 2) Award of Construction Contract – July 28, 2021 3) Approval of Construction Engineering Services Agreement – August 11, 2021 4) Pre-Construction Meeting – August 13, 2021 5) Start Construction – August 16, 2021 6) Construction Final Completion – September 30, 2021 7) Project Closed Out – October 15, 2021

B. A detailed project schedule for the PROJECT is included as Attachment B, attached

hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below.

C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to

the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues.

3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER’S execution of this Agreement shall constitute ENGINEER’S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER (Not To Exceed Method)

A. For services provided the ENGINEER shall be paid at the rates indicated on Attachment C, attached, with the total fee not to exceed $54,588.37 (final amount not to exceed 6% of

- 3 -

lowest construction bid price) regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties.

B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. The cost of any such outside services is included within the total not-to-exceed amount of $54,588.37 provided for in Section 4A above.

C. The cost of any such reimbursable expenses is included within the total not-to-

exceed amount of $54,588.37 provided for in Section 4A above. Reimbursable fees include field vehicles, CADD computer services, survey consumables and printing services.

D. The CITY shall make periodic payments to the ENGINEER based upon actual

progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR.

Date Estimated Completion % Estimated Value of

Completed Work Estimated Invoice

Value September 10,

2021 25% $13,647.09 $13,647.09

October 15, 2021 80% $43,670.70 $30,023.61 November 12, 2021 95% $51,858.95 $8,188.25 December 10, 2021 100% $54,588.37 $2,729.42

Total: 100% $54,588.37

E. A summary of expected tasks, labor efforts, fees and direct costs is attached as Attachment D.

5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress

reports (2C above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost

incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement.

- 4 -

6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under section 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement.

- 5 -

10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, the following types and amounts of insurance: A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain

in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage.

The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance

naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR.

The Certificate of Insurance which shall include Contractual obligation assumed by

the ENGINEER under Article 10 entitled “Indemnification” shall be provided. This insurance shall apply as primary insurance with respect to any other insurance

or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY.


Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property.

- 6 -

C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate.

D. Professional Liability. The ENGINEER shall carry Engineers Professional

Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR.

13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,

PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER

- 7 -

would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any section, sub-section, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several sections of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record.

- 8 -

23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the

Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights

Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in

- 9 -

writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows:

A. As to CITY: Mike Pubentz, P.E. Public Works Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555

B. As to ENGINEER: Chris R. Gheysen, P.E.

Project Manager Chastain & Associates LLC 120 West Center Street Schaumburg, IL 60195

29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. 30. EXECUTION This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax

- 10 -

machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER:

By By: City Manager Name/Print: Chris R. Gheysen, P.E. Title: Project Manager Attest: City Clerk F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-clean-10-2-18.docx

A-1


1. OVERALL

A. General: The Engineer will serve as the City of Elgin’s representative for the construction of the project as assigned by the City. As such he will function as an extension of the City’s staff and be responsible for overall implementation and management of the project. The Engineer shall include implementation of City policies, program administration, coordination and monitoring of subconsultants providing overall management control and direction to achieve completion of the construction in accordance with the City’s objectives of cost, time and quality. The Engineer will work closely with and report to the Public Works Director or his designee. It shall be understood that the Engineer will act as a city engineer on this project and shall coordinate with other City entities such as the Legal Department, City Clerk, Purchasing Director, Utilities Director, and Public Works Director. The Engineer shall be responsible for acting as a city engineer on this project regarding Federal, State and County issues as well.

B. Law: The Engineer is expected to understand all State, County and City Laws governing

the implementation of the construction contract documents.

2. CONSTRUCTION INSPECTION SERVICES

Services of Consultant:

A. Basic Services:

The man-hours shown were based upon the assumption that part-time monitoring of the project will be required and that the contractor will complete the project by the contract specified deadline. Any additional work due to an extended schedule dictated by the contractor’s performance or unanticipated work due to site conditions shall warrant a contract addendum. The following is a breakdown of the various tasks associated with the construction observation which will be completed by Chastain:

1) Project Startup

Chastain will prepare project filing system to IDOT MFT contract documentation standards.

A-2

Chastain will coordinate with the City of Elgin to verify that affected entities are aware of the project details and impacts that the project may create. Chastain will coordinate with the contractor to verify that a progress schedule is approved prior to the start of construction, that subcontractors are approved, that proper notice is provided to the City, Police and Fire and the motoring public prior to the start of the project. Chastain will prepare and distribute a bilingual resident notification letter using a letter template provided by the City of Elgin.

2) Construction Observation

Chastain will provide Construction Observation Services on a time and material, not-to-exceed contract amount basis. Chastain will be on-site to observe and verify that items being constructed and materials being utilized are in conformance with the approved plans and specifications and the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. Construction activities that will be inspected as part of the part-time Construction Observation Services will include, but are not limited to:

o Concrete removals and replacements for curb and gutter and sidewalks o ADA sidewalk ramps o Utility and drainage structures replacements, reconstructions and

adjustments o Hot-mix asphalt pavement o Landscaping restoration

Chastain will complete a daily diary, measure and document contract quantities, complete payment estimates, change orders, and weekly reports. Chastain will verify that all materials incorporated into this project are IDOT approved and evidence of material inspection is in compliance with the Project Procedures Guide and Special Provisions of this contract. Chastain shall keep the City of Elgin informed as to the progress of construction. Chastain will provide the City of Elgin with a daily email at the end of each working day indicating the approximate amount of work completed and the locations where it was completed. It will also include an anticipated schedule from the contractor regarding the work planned for the following day. Chastain will include the communications of construction activity on the City of Elgin’s 311 Notification Center page. The purpose of this communication is informational only, and does not indicate any control of the work by Chastain.

A-3

Chastain will serve as the initial project contact for any residential issues that may arise that are project related. Chastain will investigate the issue and identify possible solutions. The City of Elgin will be responsible for approving any changes to the contract that result, prior to the changes be completed by the Contractor. Chastain anticipates that a Construction Engineer will be onsite part-time. The Chastain Construction Project Manager will also be available daily to address construction related issues and coordination between IDOT, the City and the contractor.

3) Meetings

Chastain will attend the preconstruction meeting with the City of Elgin, the contractor and subcontractors. Chastain anticipates that there will be weekly construction progress meetings on site for the duration of the project. Chastain will prepare the agenda and meeting minutes.

4) Administration/Coordination

This task will involve the oversight of the project by management, which will include the on-going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between Chastain, City of Elgin, the contractor, and subcontractors.

5) Project Close Out

This task includes the preparation of final job records in accordance with IDOT policy. All quantity measurements and calculations will be checked, evidence of material inspection will be finalized, and field books and records will be indexed and boxed for final submittal.

6) Material Testing

Rubino Engineering will be providing material QA services for this project. Quality Assurance testing for asphalt and concrete shall be completed in accordance with IDOT QC/QA requirements. Geotechnical services for subgrade base conditions shall be provided on an as needed basis.

7) Disclaimer

Chastain shall not supervise, direct or have any control over the contractor’s work. Chastain shall not have any responsibility for the construction means, methods,

A-4

techniques, sequences or procedures selected by the contractor. Chastain is not responsible for the contractor’s safety precautions or programs in connection with this project. These rights and responsibilities are solely those of the contractor.

B. Additional Services:

NONE ANTICIPATED

ATTACHMENT B

PROJECT SCHEDULE

ATTACHMENT C

2021 SCHEDULE OF RATES

Classification Per Hour Rate Net RANGE

Engineers From To Project Principal $230.40 - $233.60 Senior Project Manager $227.20 - $240.00 Project Manager II $180.00 - $195.20 Project Manager I $144.00 - $169.60 Project Engineer II $128.00 - $182.40 Project Engineer I $120.00 - $145.60 Engineer $80.00 - $114.24

Surveyors

Chief of Survey $161.54 - $161.54 Surveyor II $99.20 - $139.20 Surveyor I $75.00 - $75.00

Technical Senior Technician $169.60 - $169.60 Tech. IV $136.00 - $150.40 Technician III $118.40 - $118.40 Technician II $98.88 - $116.48 Technician I $64.48 - $92.16

Office Services and Records Administrative $56.00 - $108.80

The above rates apply to all projects with exception to depositions and expert witness, in which all time spent for the preparation for depositions, providing the deposition, preparation for trials, and time spent in trial shall be billed at a rate of 2.0 times the above rate for all staff involved. Expenses such as interim travel and subsistence, telephone, blueprints, subsurface investigations, laboratory testing, and subcontractor work approved by the client, will be charged at actual cost.

A Fathometer for hydrographic surveys will be invoiced at $150.00 per day. The use of a Survey Laser Scanner will be invoiced at $1,000.00 per day. The use of an ATV or UTV will be invoiced at $200.00 per day or actual rental cost. The use of a drone for aerial surveys or photography will be invoiced at $50.00 per hour.

Necessary field vehicles are charged at $65.00 per day. All other mileage is charged at 56 cents per mile net (or the current rate allowed by the I.R.S.). Boat Service fees are $350 per day.

Above quotations are subject to change with 60 days review by client, due to circumstances beyond our control.

Updated 4/15/21

ATTACHMENT D

PROJECT TASKS, LABOR EFFORT AND BUDGET

Dir

ec

t C

os

t E

sti

ma

te5

75

0.7

2715

9.6

01

41.

96

75.

60

Tas

k$

65.

00$

7,50

0.0

0T

ask

She

et

Lab

or C

ode

Bud

get

Pro

ject

Pro

ject

Dir

ect

Ve

hicl

es

Mis

cN

o.

Item

Des

crip

tion

Cou

ntB

illin

gH

our

sM

ana

ger

IIM

anag

er

IE

ngin

ee

rC

ost

(Da

ys)

(Ea

ch)

1C

ons

truc

tion

Ob

serv

atio

n S

ervi

ces

(9 W

eeks

)

1.1

Pro

ject

Ma

nag

em

ent

$1

,276

.80

88

1.2

Pre

-Co

nstr

uctio

n M

ee

ting

$1

,340

.64

12

24

61.

3C

ons

truc

tion

Ob

serv

atio

n$

36,5

05.

98

421

70.

53

50.5

451.

4F

ina

l Qua

ntiti

es M

ea

sure

men

ts$

2,0

61.3

62

26

162

1.5

Re

vie

w P

ay

Req

uest

s $5

67

.84

44

1.6

Pro

ject

Clo

se-O

ut$

2,2

71.3

61

61

61.

7Q

A T

estin

g S

ervi

ces

1

La

bor

Sub

tota

ls$

44,0

23.

98

483

10

10

0.5

372

.547

1D

irect

Co

st$

10,5

55.

00

$10

,55

5.0

0$

3,0

55.0

0$

7,50

0.0

0T

ota

l$

54,5

78.

98

Tota

l Pro

ject

& Q

C/Q

A P

ers

onn

el H

our

s4

83To

tal P

roje

ct &

QC

/QA

Pe

rso

nne

l Co

sts

$4

4,0

23

.98

$10

,55

5.0

0$

3,05

5.0

0$7

,50

0.0

0T

ota

l Pro

ject

& Q

C/Q

A D

irect

Co

sts

$10

,555

.00

Tota

l Pro

ject

& Q

C/Q

A C

ost

s$5

4,5

78.9

8P

art

icip

atio

n b

y H

our

s 4

831

01

00.

53

72.5

Pe

rce

nt o

f Pa

rtic

ipa

tion

by

Ho

urs

10

0.0

0%

2.0

7%

20.8

1%

77

.12

%

AGENDA ITEM: K MEETING DATE: July 28, 2021

ITEM: Amendment No. 1 to Engineering Services Agreement with Donohue & Associates, Inc. for Elec-trical Engineering Services ($300,000) OBJECTIVE: Provide the City with engineering services to evaluate, design and provide construction services related to electrical improvements at the Leo Nelson Riverside and Airlite Water Treatment Plants. RECOMMENDATION: Approve Amendment No. 1 to the agreement with Donohue & Associates, Inc. for engineering services to continue the multi-year agreement for electrical engineering services in the amount of $300,000. Most of the electrical equipment at the Leo Nelson Riverside Water Treatment Plant was in-stalled during the original plant construction and has exceeded its expected service life. As has become increasingly evident, the electrical infrastructure is overdue for replacement and im-provements. The number of emergencies in recent years, related to failures of electrical equip-ment, has become unsustainable. The electrical equipment at the Airlite Water Treatment Plant is similarly due for an evaluation with an intention to develop a replacement plan and determine the feasibility of installing a generator at the plant. The complete evaluation of all existing electrical equipment at both treatment plants and the design of necessary replacements, improvements and upgrades has become a utility depart-ment priority. An amendment to an engineering services agreement with Donohue & Associates, Inc. is being recommended to facilitate the eventual replacement of the existing electrical equipment at the Leo Nelson Riverside and Airlite Water Treatment Plants. Projects completed or currently in progress under the current agreement with Donohue include the Electrical System Master Plan document preparation and the design of the replacement for MCLU-2, located at the Leo Nelson Riverside Treatment Plant.

2

BACKGROUND The majority of the electrical equipment at the Leo Nelson Riverside Water Treatment Plant was installed during the original plant construction and has exceeded its expected service life. As has become increasingly evident, the electrical infrastructure is overdue for replacement and improvements. The number of emergencies in recent years related to failures of electrical equipment has become unsustainable. The electrical equipment at the Airlite Water Treatment Plant is similarly due for an evaluation with an intention to develop a replacement plan and de-termine the feasibility of installing a generator at the plant. The complete evaluation of all exist-ing electrical equipment at both treatment plants and the design of necessary replacements, improvements and upgrades has become a utility department priority. In April of 2020, the utilities department solicited proposals from engineering consultants inter-ested in providing various common categories of engineering services utilized by the depart-ment. Six companies submitted responses on the category of electrical engineering services. Donohue & Associates was selected as the most qualified firm by a staff selection committee due to their technical qualifications, staffing levels and their proposed technical approach. In August of 2020, the City approved the first year of a five-year renewable contract to assist the utilities division in designing and managing various electrical engineering projects. Donohue is currently completing tasks that were developed under the original agreement. Examples of the projects that are anticipated to be designed and managed by the engineering firm under this amendment to the agreement are the construction services for the MCLU-2 re-placement and the design for the main electrical substation replacement. OPERATIONAL ANALYSIS The amendment to the existing agreement with Donohue will add engineering services relating to various electrical engineering projects. Each project will be individually negotiated with Donohue to identify a scope of work, schedule and a not-to-exceed cost to be agreed upon. Task orders are assigned to each project by staff. It is anticipated that task orders will include design engineering, bidding services, contract administration and construction services includ-ing submittal review, responding to requests for information, processing pay requests and site observation. The agreement (Attachment A) includes the overall not-to-exceed cost for the du-ration of the contract on the projects that are completed. The proposed amendment to the agreement is for the second year of a proposed multi-year contract with the intention of awarding amendment agreements for up to three additional re-newal periods at the City’s discretion. INTERESTED PERSONS CONTACTED None.

3

FINANCIAL ANALYSIS The proposed amendment to the original agreement is $300,000. The original agreement and this amendment total $600,000. The 2021 Utility Capital Plan includes funding for electrical up-grades. BUDGET IMPACT

FUND(S) ACCOUNT(S) PROJECT # AMOUNT BUDGETED

AMOUNT AVAILABLE

Utility 401-4002-771.30-03 409789 $300,000 $300,000 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance which requires approval by two thirds of the members of the city council. ALTERNATIVES The city council may choose to reject the agreement and direct staff to request new proposals. NEXT STEPS 1. Execute the amendment agreement with Donohue Associates, Inc.

2. Negotiate and sign the first task order of the agreement.


Originators: Nora M. Bertram, Senior Engineer

Eric B. Weiss, Water Director Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager

ATTACHMENTS

A. Donohue & Associates, Inc. Amendment No. 1 Agreement

AMENDMENT AGREEMENT NO. 1

THIS AMENDMENT AGREEMENT NO. 1 is hereby made and entered into this 29th day of June, 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the “CITY”), and Donohue & Associates, Inc., a Wisconsin Corporation (hereinafter referred to as “ENGINEER”).

WHEREAS, the CITY and ENGINEER hereto have previously entered into an agreement dated August 26, 2020 (the “Original Agreement”), wherein the CITY engaged ENGINEER to provide certain professional services in connection with Various Utility Division projects (hereinafter referred to as “Original Agreement” and the “PROJECT”); and

WHEREAS, the term of the Original Agreement provides for services from August 26, 2020, with task order completion by July 31, 2021; and

WHEREAS, the parties hereto have determined to add an additional year to the term of the

Original Agreement to provide for additional various utility projects to be performed by the ENGINEER; and

WHEREAS, the changes contemplated by this Amendment No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interest of the CITY and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. That Section 2 of the Original Agreement is hereby amended by adding a new subparagraph (3) to subparagraph A thereof to read as follows:

"(3) Task order completion services to be provided pursuant to Amendment Agreement No. 1 by July 31, 2022."

3. Section 4 of the Original Agreement is hereby amended by adding the following to the end there-of:

“C. The total not-to-exceed fee for the professional services to be provided for

the one year extension under Amendment Agreement No. 1 shall be $300,000 unless substantial modifications to the scope of work are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties.

- 2 -

Total compensation under the Original Agreement and Amendment Agreement No. 1 shall not exceed $600,000 unless substantial modifications are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties.

D. For outside services provided by other firms or subconsultants under

Amendment Agreement No. 1, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 10 percent. Such costs for outside services are included within the not-to-exceed total fee of $300,000 provided for in paragraph C.”

4. That except as amended in this Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. 5. That in the event of any conflict between the terms of the Original Agreement and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN ENGINEER By:_________________________________ By:_________________________________ City Manager Vice President Attest: Attest: ___________________________________ ___________________________________ City Clerk Senior Vice President F:\Legal Dept\Agreement\Donohue Associates Amend No. 1-redlined-6-29-21.docx

AGENDA ITEM: L MEETING DATE: July 28, 2021

ITEM: Amendment No. 5 to Engineering Services Agreement with HR Green to Add Construction and Design Engineering Services to the Bluff City Boulevard Sewer Separation Project ($281,400) OBJECTIVE: Provide engineering services for the Bluff City Combined Sewer Separation Project in order to strengthen the City’s neighborhoods. RECOMMENDATION: Amend the current professional engineering services agreement with HR Green to add scope in the amount of $281,400. The Bluff City Boulevard Combined Sewer Basin requires further separation. HR Green was se-lected as the engineers in 2013 to design the separation strategy for the basin and to then com-plete further design and construction engineering services for the basin’s complete separation. This amendment was anticipated during the original selection of HR Green to be the design and construction engineers for the Bluff City Basin. Amendment No. 5 provides construction engineer-ing of sewer backflow devices and design engineering for Bluff City Basin Phase III. BACKGROUND Combined sewers collect and convey both storm water runoff and individual property wastewater discharges. The combined sewers convey daily wastewater flows to the wastewater treatment plant. During rain events of substantial storm water runoff, the combined sewers will surcharge and result in combined sewer overflow to a surface water course. The City has a combined sewer system serving approximately 3,000 acres of the central part of the City. There are eleven combined sewer outfalls that discharge combined sewer overflow into the Fox River. Regulation of combined sewer overflows is covered in the City’s existing National Pollutant Discharge Elimination System (NPDES) Permit (IL 0070505). The conditions of the NPDES permit require the development of a Combined Sewer Overflow Long Term Control Plan consistent with the requirements of the federal Clean Water Act and federal Combined Sewer Overflow Control Policy of the 1994. The City’s Combined Sewer Overflow Long Term Control

2

Plan identifies the City’s intention to separate all of the storm water flows from the combined sewers in order to reduce overflow volumes and thus improve the water quality of the Fox River. The Combined Sewer Separation Study and Combined Sewer Overflow Plan Study, completed in August 2008 by Carroll Engineering, identified twelve combined sewer basins. In 2013, the City began planning for combined sewer separation in the Bluff City Boulevard Combined Sewer Ba-sin. Bluff City Boulevard Basin is roughly described as the area surrounded by Villa Street on the north, Cleveland and Harrison Streets on the east, Bluff City Boulevard on the South and Arlington and Raymond Streets on the west, as well as the outfall at the Fox River. In 2013, proposals were solicited from five engineering firms to study the Bluff City Boulevard Basin and provide professional engineering services including an overall basin separation strategy and then to further identify and design the first phase of the Bluff City Boulevard Basin Sewer Separation Project. HR Green, Inc. was retained by the City in 2013 to prepare a basin separation strategy and to formulate contract plans and specifications for the first phase of the Bluff City Boulevard Combined Sewer Basin. Through Amendments Nos. 1 and 2 to the original agreement, the Bluff City CSS Phase I was completed with construction in 2016 and 2017. Amendment No. 3 to the original agreement was awarded to HR Green in 2018 to continue combined sewer sepa-ration design for the basin and to prepare final engineering documents for Phase II of the work. Amendment No. 3 also included an effort for design of backflow prevention in various locations of the City’s combined sewer system. Amendment No. 4 to the original agreement was awarded to HR Green in March of 2020 for construction engineering of the Bluff City Combined Sewer Separation Phase II. OPERATIONAL ANALYSIS During the proposal selection process, staff intended for the company that was selected for the separation strategy to continue with design and construction phases through the complete sep-aration of the basin. This intention was based on the familiarity with the basin, and the City’s design standards and construction expectations. Staff believes HR Green delivered its previous work satisfactorily and recommends continuing with the firm for further work in the Bluff City Basin. The proposed Amendment No. 5 to the original agreement with HR Green, Inc. is intended to continue with implementation of the planned separation strategy for the Bluff City Basin. This initiative will provide final engineering design for the remainder of the Bluff City Combined Sewer Basin. The Bluff City Boulevard Combined Sewer Separation Phase III construction project area is shown below.

3

Additionally, this initiative will provide for the construction engineering of a combined sewer backflow reduction initiative that was started in 2018 in Amendment No. 3 to this agreement. The intention of this initiative is to reduce the amount of backflow into the City’s sewer system during times when the Fox River water level is high. This initiative will provide for the City to meet obligations to reduce inflow to the City’s sewer system, so that the system is not inundated. This backflow prevention also reduces the water that Fox River Water Reclamation District must treat during the rainy season. INTERESTED PERSONS CONTACTED None.

4

FINANCIAL ANALYSIS Amendment No. 5 to the agreement with HR Green, for engineering services will total $281,400. The total contract, including the original agreement and Amendment Numbers 1 through 5, is $2,436,880. BUDGET IMPACT


AMOUNT AVAILABLE

Capital Improvement 385-0000-795.30-03 430110 $281,400 $281,400 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance which requires approval by two-thirds of the members of the city council. ALTERNATIVES This work cannot be completed in-house with current staffing levels. The city council may choose to not authorize Amendment No. 5 with HR Green and direct staff to select a consultant through the request for proposal process. However, the request for proposal process will require several months of delay and would reduce the potential for Phase III construction in 2022. NEXT STEPS 1. Execute Amendment No. 5 to the original agreement.


Originators: Eric B. Weiss, Water Director Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager

ATTACHMENTS

A. Draft Amendment No. 5 to the Agreement with HR Green

AMENDMENT AGREEMENT No. 5 THIS AMENDMENT AGREEMENT No. 5 is hereby made and entered into this ____day of ____, 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the “CITY”), and HR Green, Inc. an Iowa corporation (hereinafter referred to as “ENGINEER”). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated February 27, 2013 wherein the CITY engaged the ENGINEER to furnish certain professional services in connection with the 2013 Combined Sewer Separation Project – Bluff City Boulevard Phase I (hereinafter referred to as “the Original Agreement” and the “PROJECT”); and WHEREAS, the CITY and ENGINEER hereto have previously entered an Amendment Agreement No. 1 dated December 4, 2013, to include professional services for additional survey, design, engineering, planning and project administration for the additional service area which are directly adjacent to the original agreement area; and an Amendment Agreement No. 2 dated September 23, 2015 to include construction administration and inspection services; and an Amendment Agreement No. 3 dated September 12, 2018 to include certain professional services in connection with the 2020 Combined Sewer Separation Project – Bluff City Boulevard Phase II; and an Amendment Agreement No. 4 dated March 18, 2020 to include construction administration and inspection services for the 2020 combined sewer separation project – Bluff City Boulevard Phase II; and WHEREAS, the CITY has determined that the proposed scope of the PROJECT should be modified to add additional services for the construction administration and inspection services for the 2020 Combined Sewer Separation Project – Highland Ave., Chicago St., & Grove St. Storm/Sanitary Backflow Preventers and to include certain professional services for additional design, engineering, and project administration for the remaining service area (Bluff City Boulevard Phase III Final Design Plans) which is directly adjacent to the original agreement area; and WHEREAS, the parties hereto have each determined it to be in their interest to further amend Original Agreement pursuant to this Amendment Agreement No. 5; and WHEREAS, the contract price for the Original Agreement was in the amount of $211,750.00, contract price for the Amendment Agreement No. 1 was in the amount of $124,089.00, contract price for the Amendment Agreement No. 2 was in the amount of $698,515.78, contract price for the Amendment Agreement No. 3 was in the amount of $729,556.00, contract price for the Amendment Agreement No. 4 was in the amount of $391,568.38, and the cost for additional services to be provided pursuant to this Amendment Agreement No. 5 is in the amount of $281,400.00; and WHEREAS, the changes contemplated by this Amendment Agreement No. 5 are germane to the Original Agreement as signed; and as amended by Amendment Agreement No. 1, Amendment Agreement No. 2, Amendment Agreement No. 3, Amendment Agreement No. 4, and this Amendment Agreement No. 5 is in the best interest of the CITY and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully

recited hereby.

2. “Section 1 of the Original Agreement as modified by Amendment Agreement No.

1 and then by Amendment Agreement No. 2 and then by Amendment Agreement No. 3 and then by Amendment Agreement No. 4 is hereby further amended by adding the following additional subparagraph H thereto to read as follows:

‘H. ENGINEER shall also perform the additional engineering services relating to the PROJECT as outlined and described in Attachment A-4, dated July 6, 2021 and entitled, “SCOPE OF SERVICES – BLUFF CITY BOULEVARD BASIN - PHASE III DESIGN, CONTRACT PLANS, SPECIFICATIONS AND BIDDING SERVICES.”; and Attachment A-5, dated July 6, 2021 and entitled, “SCOPE OF SERVICES – CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES FOR THE 2020 COMBINED SEWER SEPARATION PROJECT – BLUFF CITY BOULEVARD PHASE II - STORM/SANITARY BACKFLOW PREVENTERS AT HIGHLAND AVE., CHICAGO ST., & GROVE ST.”; attached hereto and made a part hereof (hereinafter referred to as the “Additional Supplemental Services”).

The ENGINEER shall perform such Additional Supplemental Services according to the schedule as set forth in Attachment A-4 and Attachment A-5”.

3. “Section 4 of the Original Agreement as modified by Amendment Agreement No.

1 and then by Amendment Agreement No. 2 and then by Amendment Agreement No. 3 and then by Amendment Agreement No. 4 is hereby further amended by adding the following additional subparagraph to the end thereof:

“H. For the Supplemental Additional Services to be provided pursuant to this Amendment Agreement No. 5, the CITY shall reimburse the ENGINEER for such services in the total amount not-to-exceed the sum of $281,400.00, regardless of the actual time or actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY and approved by way of written amendment to this Agreement.”

4. The changes provided to the Original Agreement as provided in this Amendment

Agreement No. 5 are germane to the Original Contract as signed and this Amendment Agreement No. 5 is in the best interests of the City of Elgin and is authorized by law.

5. That except as amended in this Amendment Agreement No. 5 the Original Agreement as

previously amended by Amendment Agreement No. 1 and Amendment Agreement No. 2 and Amendment Agreement No. 3 and Amendment Agreement No. 4 shall remain in full force and effect.

6. In the event of any conflict between the terms of the Original Agreement, the terms of

Amendment Agreement No. 1 and Amendment Agreement No. 2 and Amendment Agreement No. 3 and Amendment Agreement No. 4 and the provisions in this Amendment Agreement No. 5, the provisions of this Amendment Agreement No. 5 shall control.

IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONSULTANT By: _________________________________ By:_________________________________ City Manager Attest: Attest: ___________________________________ ___________________________________ City Clerk Its Secretary

ATTACHMENT A-4

SCOPE OF SERVICES – BLUFF CITY BOULEVARD BASIN - PHASE III DESIGN, CONTRACT PLANS, SPECIFICATIONS AND BIDDING SERVICES

City of Elgin, IL

July 06, 2021

PROJECT BACKGROUND/PROJECT UNDERSTANDING

HR Green, Inc. (ENGINEER) has been retained by the City of Elgin, Illinois (CITY) to provide professional engineering services in connection with the Combined Sewer Separation Projec t – Bluff City Boulevard Basin. The Bluff City Boulevard Basin is roughly described as the area surrounded by Villa Street on the north, Cleveland Avenue and Harrison Street on the east, Bluff City Boulevard on the south and Raymond Street on the west. The “Original Agreement” for the professional services was approved and executed by the City on February 27, 2013. A Sewer Separation Strategy was prepared for the entire basin as part of the scope of the Original Agreement. Three (3) separate phases were identified as shown in the attached “Exhibit A – Bluff City Boulevard Basin Phasing Plan”. Phase I of the three phased project was completed in Fall of 2017 which included construction of new storm sewers, sanitary sewers, and sewer lining. Phase II of the three phased project was completed in Fall of 2020 which included construction of new storm sewers, lowering of a existing sanitary sewer and sewer lining. Phase II of the three phased project also included 60% level design for the Phase III project limits. Exhibit A also shows portion of the basin previously separated prior to 2013. However, sewer televising and/or sewer lining was not completed in these areas. The CITY has now requested that professional engineering services be provided for the last phase (Phase III) to complete the following scope of services for the Bluff City Boulevard Basin: SCOPE OF SERVICES For the purpose of scope and fee development, the light purple hatched area shown in Exhibit A and identified as “Amendment No. 5 – Phase III Project Limits” was used. The scope and level of effort required is based on approximately $4.5M to $5.0M opinion of probable budgetary costs value broken down into three (3) budget categories as follows:

1) Storm Sewer Separation Improvements = $2.8M to $3.0M (Phase III) 2) Water Main Construction Improvements = $1.2M to $1.3M (Phase III) 3) Sanitary Sewer Lining (Existing Combination Sewer) = $500K to $700K (Phase III)

Please note Construction Engineering Services are not included as part of the scope of services and will be budgeted at a later date and upon letting of the project by the CITY. Also note that the Construction Engineering Services will be completed under a separate amendment. Upon issuance of a Notice to Proceed (NTP), the ENGINEER will prepare Final Engineering Plans, Contract Documents with Specifications and Bidding Services for the project limits. The ENGINEER will include completion of the following tasks under this scope of services:

Amendment #5 – Scope of Services Combined Sewer Separation Project – Phase III

Bluff City Boulevard Basin City of Elgin, IL

Page 2 of 10

Task 1 – Kickoff Meeting Task 2 – Pickup Survey Task 3 – Geotechnical Services Task 4 – Sewer Televising Video Review Task 5 – Field Reconnaissance Task 6 – Utility Coordination Task 7 – Lead Service Verification Task 8 – Lead Service Replacements - Charts and Cross-Check with Potholing Results Task 9 – Pre-Final (90% Contract Plans) Task 10 – Final (100% Contract Plans) Task 11 – Public Information Meeting Task 12 – Progress Meetings - (Pre-Final and Final Design) Task 13 - Permitting Task 14 – Engineer’s Opinion of Probable Construction Costs (EOPCC) Task 15 – Quality Assurance and Quality Control (QA-QC) Task 16 – Modeling Updates – Overall System Task 17 - Bid Award and Assistance Task 18 - Project Administration Task 19 – Design Allowance A detailed scope of services for each of the tasks identified above along with deliverable is provided below. TASK 1 – KICKOFF MEETING Scope of Work: The ENGINEER will prepare a meeting agenda for the project and distribute to CITY prior to the scheduled kickoff meeting. ENGINEER will attend a kickoff meeting with the CITY to discuss the project schedule, major deliverable milestones, and schedule based on previously completed 60% engineering plans. ENGINEER will also setup an internal meeting with the Design Team after the initial kickoff meeting with the CITY to coordinate the project scope, schedule and expectations discussed with CITY staff.

Deliverable: Minutes of the meeting with the CITY will be prepared and distributed to all attendees. TASK 2 - PICKUP SURVEY

Scope of Work: A detailed topographic survey of the project limits was previously completed with the Phase II design. The scope of pickup survey will include spot verification of previously completed survey on an as needed basis. The purpose of this scope of work is to allow for any changes in alignment or field updates that may be required on the preliminary design alignment. The pickup survey for the project will be performed using RTK GPS and robotic total stations referenced to the Illinois State Plane Coordinate System – East Zone (NAD83). The topographic survey will be completed in COMPANY’s current standard version of AutoCAD Civil 3D format.



Page 3 of 10

Deliverable: A CADD file will be updated of existing surveyed information and will be provided to the CITY upon request for their use incorporating into GIS for the improvement area. Items Not Included in the Scope: ROW acquisition, easement exhibits and/or plat of easements, and appraisals and negotiations is not included in the scope. If these services become necessary, ENGINEER can provide these services, upon approval by the CITY, as supplemental services. TASK 3 - GEOTECHNICAL SERVICES Scope of Work: ENGINEER will subcontract with a qualified geotechnical consultant to provide updated CCDD certification and letter of acceptance from a qualified facility to receive uncontaminated spoil material generated onsite from trench excavation. Geotechnical borings and pavement cores within the project area were previously completed in an earlier phase of the project and verification of any of expired certifications will be addressed under this scope of services.

Deliverable: PDF copies of the updated CCDD certification and acceptance letter will be provided. Items Not Included in the Scope: Additional Geotechnical Investigations or soil borings including pavement cores are not included in the scope. If additional borings become necessary, ENGINEER can provide these services, upon approval by the CITY, as supplemental services. TASK 4 – SEWER TELEVISING VIDEO REVIEW

Scope of Work: Sewer Televising and Inspections were previously completed in an earlier phase of the project; the ENGINEER will review with the CITY the deficiency segments previously completed and include design improvement recommendations on each section of pipe that was previously identified. ENGINEER has prepared and submitted a summary of recommendation to document areas feasible for and requiring sewer lining versus spot repairs via open cut methods. These recommendations will be then incorporated in the final design per the CITY’s preferred direction of improvement.

Deliverable: A spreadsheet has been previously submitted summarizing the video results and deficiency segments. Per CITY direction the deficiency segment will be incorporated into the pre-final and final design plans for CIPP areas. A tabulation of CIPP segment will be included on the final engineering plans.

TASK 5 – FIELD RECONNAISSANCE

Scope of Work: ENGINEER and CITY representatives will perform a walkthrough of the site prior to finalizing the 90% design plans to verify the existing site conditions and noticeable site conflicts with existing trees. Additional reconnaissance will be completed with the CITY based on design layout modifications with existing conditions and to verify that the proposed assumptions are accurate and constructible. The ENGINEER will also coordinate with the



Page 4 of 10

CITY’s Forestry Department regarding existing parkway trees that are to be removed or remain in place based on their tree evaluation recommendation of the tree’s type and condition within the project limits. Deliverable: N/A

TASK 6 – UTILITY COORDINATION

Scope of Work: The scope will include continuation of utility coordination with the CITY Utility Department, Public Works and Franchise Utilities Owners to finalize utility locations and possible conflicts in the field as plans are developed to pre-final and final stage. Deliverable: ENGINEER will prepare and provide copies of transmitted submittal documents to each of the identified franchise utility companies at each design stage submittal that are involved within the project limits.

TASK 7 – LEAD SERVICES VERIFICATION Scope of Work: ENGINEER will subcontract with a contractor to provide potholing of existing water services. Approximately 75 services are anticipated within the project limits needing verification. Construction observation services will also be performed by ENGINEER.

• Vacuum Excavation (Hydro Excavating/Potholing) for existing utility exposure for City Residential Water Services.

• Expose Existing Water Service B-Box (Residential) – Both sides of shut off valve to be exposed to identify the material type (i.e., locate and record if any lead services on either side of shutoff).

• Record/identify material type and limit excavated areas – Means/Method per Contractor abilities and equipment.

• Verify service material type (Identity both the Municipal side versus the Homeowner’s side) and create log of recorded information based on home address and residential street.

• CITY is requested to pre-mark the services. • Daily Rate and subject to performance evaluation per day and ENGINEER/CITY has the

right to stop work after a complete day if they decide not to continue with project. • Provide ENGINEER and CITY as additional insured for per agreement. • Case by case understanding that various existing services may be skipped based on

existing conditions being underneath hardscape (driveways) or overhead utility conflicts. For the purposes of this contract, an allowance of $30,000.00 has been provided in this task for potholing of existing water services which will be utilized upon approval by the CITY. Similarly, for the purposes of this contract, an allowance of $7,962.00 has been provided in this task for construction observation services when performing the potholing of existing water services by the subcontractor, which will be utilized upon approval by the CITY. Deliverable: PDF copy of the water service investigation report along with excel spreadsheet by addresses of the water service investigations to be provided.



Page 5 of 10

Items Not Included in the Scope: Potholing of existing water services beyond the 75 total is not included in the scope. If any additional water service investigations become necessary, ENGINEER can provide these services, upon approval by the CITY, as supplemental services.

TASK 8 - LEAD WATER SERVICE REPLACEMENT Scope of Work: Upon approval by the CITY, the ENGINEER will design the replacement of lead service lines as part of this project. The design will be completed in in accordance with the following assumptions and understanding:

• Lead services are anticipated within the project limits; approximately sixty-seven (67) parcels are included for investigation and replacement. The number of parcels was determined from aerial mapping and preliminary plans prepared for areas included for final design in this contract.

• The engineering plans shall include removing and replacing the lead services including water shut off (B-Boxes) from the main to the water shut off located near the existing Right-of-Way.

• It is assumed that temporary construction easements will not be required from the parcel owner.

• Prepare Excel spreadsheet summarizing by address the location, direction, type and size for City and Contractor’s reference. The ENGINEER to compile an overall Phase III chart for replacement and cross-check with Lead Services Verification (TASK 7 above)

• Include appropriate information in the plans to show the existing service location and replacement location.

Deliverable: Lead Service Investigation spreadsheet, replacement chart included on the contract documents, and specifications for lead service replacement per CITY.

Items Not Included in the Scope: Boundary survey of private parcels and or appraisals/negotiations with residents. TASK 9 & TASK 10 – PRE-FINAL (90%) AND FINAL (100%) CONTRACT PLANS

Scope of Work: These services will include preparing pre-final and final contract plans, specifications and bid documents to CITY Standards to insure the proper bidding and award of a construction project. The specific scope for the contract plan services is further provided below:

a. Design Standards: The Engineering and Contract Documents will be developed

according to applicable regulatory agency requirements. These include the following design guidelines and ordinances:

• CITY of Elgin standards and details; • Standard Specifications for Sewer and Water Main Construction in Illinois; • IDOT Standard Specifications;



Page 6 of 10

• IEPA NPDES Phase II regulations for Stormwater Pollution Prevention Plans (SWPPP); and

• Kane County Stormwater Ordinance. • Fox River Water Reclamation District (FRWRD) standard details if applicable.

b. Plans, Specification and Bid Documents: ENGINEER will develop and assemble the

contract plans and special provisions for a local letting based on the selection of the construction limits and in accordance with the approved 60% plans previously completed. Plans will be prepared in AutoCAD Civil 3D software. Plans will be developed to predetermined milestones for submittal which will consist of pre-final (90%) and final (100%) engineering plans and bid documents of the project limits. Comments received will be addressed and a disposition of comments provided to the CITY. The general nature of improvements within the project limits will include construction of new storm or sanitary sewer, water main replacements, sanitary and water service replacements, sewer lining, pavement patching and full width resurfacing along impacted roadways.

A typical set of contract plans will include the following minimum sheets: • Cover Sheet; • Index/General Notes/Standards; • Summary of Quantities; • Typical Sections; • Removal Plans; • Plan and Profile Sheets; • Schedules & Tags; • Erosion Control Plan; • Restoration Plans; and • Standard CITY and IDOT Construction Details. Typical Final Bid Documents will include: • Bid forms - Notice to Bidders, Instructions to Bidders, Bonding and Insurance

Requirements • Contract Terms and Conditions; • Special Provisions; • Stormwater Pollution Prevention Plan (SWPPP); • Approved Permits; and • Contract Plans.

c. Clean Construction or Demolition Debris (CCDD) Certification: This documentation

and certification was previously completed within the Bluff City Boulevard Basin - Combined Sewer Separation Project - Phase II agreement and the ENGINEER will coordinate with their Geotechnical Subconsultant (TASK 4) to provide an updated/current certification if the previous documents expired based on the duration between Phase II and Phase III construction plans.



Page 7 of 10

TASK 11 – PUBLIC INFORMATION MEETING Scope of Work: ENGINEER will work with CITY staff to schedule one (1) public informational meeting for the project. ENGINEER will attend the public information meeting to solicit feedback and to answer any questions pertaining to impacts to affected properties, project duration and other pertinent items. The location for the public informational meeting will be identified and organized by the CITY.

Deliverable: ENGINEER will prepare necessary exhibits and handouts for the public meeting. TASK 12 – PROGRESS MEETINGS

Scope of Work: Leading up to and at the following design milestones i.e. pre-final (90% plan submittal), the ENGINEER will attend up to two (2) progress meeting at the CITY to coordinate and discuss the CITY’s review comments on the contract plans and specifications. This will allow CITY Staff and ENGINEER to discuss design elements, project progress, permitting, and costs at each of these above milestones to ensure that the project is progressing within budget and on schedule.

Deliverable: ENGINEER will prepare minutes of the meetings and distribute to all attendees.

TASK 13 – PERMITTING

Scope of Work: ENGINEER will prepare the permit application and necessary supporting documentation for permits relevant to this project which will include

• IEPA’s Construction Permits for sanitary sewer (if applicable) and watermain replacements;

• Kane County Stormwater Permit for 5,000 square-feet of hydrologic disturbance; and • An NPDES Phase II IRL10 General permit for construction activity.

In addition and as necessary, coordination with Fox River Water Reclamation District (FRWRD) is only anticipated if sanitary sewer is to be replaced/relocated. The current plans at this time does not show replacement therefore not included in the scope. Scope will include permit coordination with the regulatory agencies listed above. Deliverable: One (1) copy of each of the permit application(s) will be provided for CITY records. Items Not Included in the Scope: For the purposes of the scope, it is assumed that permits other than those noted above are not required and are therefore not included in the scope. If additional permits are identified requiring substantial permitting efforts, ENGINEER can provide these services, upon approval by the CITY, as supplemental services.



Page 8 of 10

TASK 14 – ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COSTS (EOPPC) Scope of Work: An Engineer’s Opinion of Probable Construction Cost (EOPCC) will be prepared for CITY review with each stage of the submittal at the 90% and Final stages so that the project stays within the CITY’s construction budget. If any adjustments are needed in the design plans including limits of construction adjustments, these discussions can occur early in the process. A final EOPCC will be provided with the final plans and specifications and prior to bid letting.

Deliverable: An Illinois Registered Professional Engineer (PE) signed and sealed EOPCC will be provided.

TASK 15 – QUALITY CONTROL AND QUALITY ASSURANCE (QC/QA) Scope of Work Quality Control and Quality Assurance (QC/QA): A QC/QA review will be completed prior to 90%, and final bid document submittal. A constructability review will also be completed by qualified construction personnel.

Deliverable: Plan and document review with an Illinois Registered Professional Engineer (PE) along with constructability review by qualified construction personnel. TASK 16 - MODELING UPDATES – OVERALL SYSTEM Scope of Work: The scope of work will include the following for modeling updates: Basin Hydrologic and Hydraulic Analysis: Previously completed hydraulic models and sewer separation strategy was evaluated on best available data that the CITY provided using GIS data including rims and invert elevations. As detailed survey and project construction phases completed, the ENGINEER obtained more recent record drawings throughout the project limits in 2020 for Phase I and Phase II that will be required to input this data into the overall hydraulic model of the basin as part of this scope of services.

Deliverable: Hydraulic model of the revised system in electronic format.

Items Not Included in the Scope: N/A TASK 17 - BID AWARD AND ASSISTANCE Scope of Work: The scope of work will include preparing contract documents in the CITY’s format, which typically include construction plans and specifications, bid forms, instructions to bidders, bonding and insurance requirements and applicable state or federal compliance. During the bidding period, ENGINEER will answer questions raised by potential bidders and issue any addenda, if necessary. ENGINEER will prepare bid tabulations to include all bids received and opened at the bid opening. This will be submitted to the CITY within a twenty-four hour time period and will include a recommendation for award.



Page 9 of 10

Deliverable: Bid Tabulation and recommendation for award letter will be provided. TASK 18 – PROJECT ADMINISTRATION Scope of Work: This task will include management of the project scope, schedule and budget including maintaining project documentation binder. A monthly progress report will be provided to the CITY detailing activities completed in the prior month and activities anticipated to be completed or undertaken in the following reporting period. The monthly progress report will include project status in accordance with an approved schedule established for this project and as included in Exhibit B – Project Schedule.

Deliverable: Monthly progress report will be submitted to the CITY. TASK 19 – DESIGN ALLOWANCE The following tasks are not anticipated at this time and have been included as allowance in the contract to serve as a reserve for added scope items on a case-by-case basis that becomes known during the design stage by the ENGINEER and/or requested by the CITY and cannot be foreseen at this time. The ENGINEER understands that utilizing the budget in the design allowance will require prior approval by the CITY and would need to be incorporated by a change order or amendment to the contract every time an item is identified out of scope. At the CITY’s discretion these Design Allowance funds may be re-allocated between tasks based on project requirements. The Design Allowance is assigned by tasks as follows:

Task 19.1 – Miscellaneous Design Services: Scope of Work: Miscellaneous design services may be needed as part of this project including but not limited to: • Work outside the project limits; • Regulatory agency and stakeholder coordination other than those identified in the

contract; • Additional meetings requested by the CITY or required by a regulatory agency; • Additional field investigations other than those identified in the contract; • Additional plan submittals as a result of revisions requested by the CITY; • Exhibit preparation not previously identified by this scope of services; • Others

As noted above, any added scope items that becomes known during the design stage by the ENGINEER and/or requested by the CITY shall be identified by the ENGINEER and reviewed by the CITY on a case by case basis. At this time, the ENGINEER has accounted for a design allowance of $7,500.00 in the contract for Miscellaneous Design Services. At the CITY’s discretion the Design Allowance funds may be re-allocated between tasks based on project requirements.


Bluff City Boulevard Basin City of Elgin, IL Page 10 of 10

Deliverable: To be determined based on the nature and scope of miscellaneous design services. Items Not Included in the Scope: N/A

ATTACHMENT A-5

SCOPE OF SERVICES CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES FOR THE 2020 COMBINED SEWER SEPARATION PROJECT – BLUFF CITY BOULEVARD PHASE II - STORM/SANITARY BACKFLOW PREVENTERS AT HIGHLAND AVE.,

CHICAGO ST., & GROVE ST. City of Elgin, IL

July 06, 2021

PROJECT UNDERSTANDING

The “2020 Storm/Sanitary Backflow Prevention Project at Highland Ave., Chicago St., & Grove St.” is anticipated to go out for bid in July/August 2021. Project approval is anticipated for August 2021 with construction starting winter of 2021 or early spring of 2022 after the backflow prevention valves are acquired which is anticipated to take up to 6-months. The project is anticipated to be completed by end of March 2022. The scope of services includes providing construction administration and inspection services for the construction duration. CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES

For the purposes of the contract scope and fee, the following estimates for construction duration have been assumed.

• The man-hours required for construction engineering were based upon the time required

for startup, construction observation, progress meetings, administration/coordination, and project close out. It is anticipated that the contractor will complete the project within the contract working days or by the contract completion date. Any additional work due to an extended schedule dictated by the contractor’s performance or unanticipated work due to site conditions shall warrant a contract addendum.

The following is a breakdown of the various tasks associated with the construction administration and inspection services, which will be completed by HR Green, Inc.:

A. Start Up HR Green will complete a preconstruction video and photos of the proposed construction area to document the existing conditions prior to the start of construction. HR Green will also utilize this time to prepare its filing system to contract documentation standards and incorporate project specific information into construction management software for project tracking and management.

The project startup also allows HR Green design and construction personnel time to review the plans and specification prior to the start of the project, attend preconstruction meeting with the contractor, City of Elgin and Fox River Water Reclamation District. HR Green will coordinate with the City of Elgin to ensure notification requirements and coordination with other governmental entities, stakeholders, and City’s 311 contact center.

Attachment A-5 Scope of Services - Construction Engineering Services

2020 BCB Combined Sewer Separation - Backflow Prevention Project Page 2 of 3

HR Green will mark, measure and document contract removal payment items prior to the contractor starting work.

B. Construction Observation

HR Green will provide full-time Construction Observation Services on a time and material, not-to-exceed contract amount basis. HR Green will be on-site to observe and verify that items being constructed, and materials being utilized are in general conformance with the approved plans and specifications.

HR Green will complete Inspector’s Daily Reports (IDRs) and a daily diary, measure and document contract quantities, complete payment estimates, change orders, and weekly reports. Weekly reports will be submitted to the contractor, and the City of Elgin. HR Green will verify that all materials incorporated into this project are materials that are in general conformance with the approved plans and specifications. HR Green shall keep the City of Elgin informed as to the progress of construction.

During the course of the construction, HR Green Construction Engineer will also coordinate and provide notification of temporary shut-off and driveway/road closure, etc. to all affected stakeholders within the project area including affected residents, businesses, schools, and will also coordinate such notifications with the City’s Project Manager and 311 contact center as needed.

C. Administration/Coordination

This task will involve the oversight of the project by the HR Green Principal, Construction Project Manager and will include the on-going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between HR Green, the City of Elgin, the contractor, and subcontractors.

D. Progress Meetings

HR Green will attend the weekly construction progress meetings with the City of Elgin, the contractor, and subcontractors. The Construction Engineer will attend the construction progress meetings, complete construction meeting agendas, and construction meeting minutes.

E. Project Close Out

HR Green will prepare the final job records in accordance with contract requirements. All quantity measurements and calculations will be checked and cross referenced, evidence of material inspection will be finalized, and field books and records will be indexed and boxed for final submittal.

F. Design Assistance/Shop Drawing Review

HR Green anticipates that the design Project Manager will provide design support and shop drawing review and respond to any Request for Information (RFI) as a result of unknown revisions required due to differing site conditions. The purpose of this support is to ensure that the field changes meet the intent of the overall design and connection to future phases and revise sheets accordingly for construction.

Attachment A-5 Scope of Services - Construction Engineering Services

2020 BCB Combined Sewer Separation - Backflow Prevention Project Page 3 of 3

G. Record Drawing Services The following is a breakdown of the various tasks associated with the record drawing services, which will be completed by HR Green, Inc.: HR Green will provide as-built survey of the project area (2020 Combined Sewer Separation Project – Bluff City Boulevard Phase II Storm/Sanitary Backflow Preventers at Highland Ave., Chicago St., & Grove St.). The scope will include obtaining the installed or record information (As Built) of all the constructed improvements as well as documenting field revisions if any. Approximately three (3) structures with backflow preventers are anticipated to be surveyed including storm sewer piping and connection. The As-Built drawings will be prepared utilizing the construction drawings and a plan set stamped “Record Drawing” will be submitted to the city in electronic pdf format. A shape file of the as-built utility locations will also be submitted for import into City GIS system. A total of thirty-five (35) hours have been allotted for the as-built survey and GIS task of this project. Deliverable: A CADD file along with a shape file of existing surveyed utilities will be provided to the CITY for their use incorporating into GIS. PDF of plan sheets showing record information will also be provided upon completion of the Record Drawing Services.

!!2!!2!!2!!2!!2!!2

!!2 !!2

!!2

!!2

"/

"/

"/

!!2

!!2!!2

!!2 !!2

!!2 !!2

!!2 !!2 !!2 !!2

!!2 !!2!!2

!!2 !!2

!!2!!2!!2

!!2 !!2 !!2

!!2!!2

!!2

!!2!!2!!2

!!2

!!2

!!2

!!2 !!2

21

42

12

18

15

36

54 2430

30

21

1212

21

18

18

54

24

21

36

36

12

42

54

54

12

4254 18

36

54

42

54

24

8

161215

0

16

15

15

15

16

16

15

Libe

rty

St

Raym

ond St

St Charles St

Bent St

Villa St

Jay St

Illin

ois

Ave

Grace St

Hastings St

May St

Dwight St

Elgin Ave

Dixon Ave

Bluff City Blvd

Sherman Ave

Lavo

ie A

ve

Hammond Ave

United States Highway 20

Wel

lingt

on A

ve

Eliz

abet

h St

Arli

ngto

n A

ve

Coo

kane

Ave

Watch St

Geo

rge

St

Regent StCongress St

Russell St

Wat

res

Pl

Bowen Ct

National St

Yarwood St

Hea

ly S

t

Bartlett Pl

Van Nostrand Pl

Ric

hert

Ct

Lessenden Pl

US20W

To IL 25

Illin

ois

Ave

Wellington Ave

Lavo

ie A

ve

Illin

ois

Ave

May St

Gra

ce S

t

Russell St

Coo

kane

Ave 8

8

8

8

8

8

8

8

88

8

8

8

8

88

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

88

8

8

8

8

10

10

10

10

1010

10

10

10

10

10

10

10

10

10

10

10

10

10

12

12

12

12

12

12

12

12

12

12

12

16

18

18

18

18

18

18

20

24

24

24

24

24

24

2424

24

30

30

30

36

36

36

42

60 50x75

25x3

8

27x4135x53

41x43

25x3

825

x38

25x38

15

15

15

15

15

15

15

15

15

41x62

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

Exhibit C - Proposed - UltimateBasin 006 - Separation Strategy

Legend

Drainage Basin

PreviouslySeparated

Phase I (Completed)

Phase2 (2020 Construction Project)

Future

Proposed Storm Sewer

!!2 Proposed_Storm_MH

Proposed Sanitary Pipe

!!2

Proposed Sanitary MH

"/Temp Overflow

Combined Sewer

!!2

Existing Sanitary MH

Existing Storm Pipe

!!2

Existing Storm MH

!¤!2Existing Combined MH

1 inch = 170 feet

290 0 290145 Feet .

rstark

Callout

15" Connection

ajain

Text Box

EXHIBIT A REVISED SEWER SEPARATION STRATEGY AND PHASING PLAN

dschult

Text Box

(Phase 3)

dschult

Cloud

dschult

Callout

Amendment No. 5 - Phase 3 - Project Limits

dschult

Text Box

Task Descriptions START DATE END DATETask 1 Kickoff Meeting (Internal and with City as followup to 60% design overview)Task 2 Pickup Survey Task 3 Geotechnical Subconsultant Services Task 4 Sewer Televising Video Review 20‐Sep‐21 20‐Mar‐22Task5 Field Reconnaissance 4‐Oct‐21 22‐Oct‐21Task 6 Utility Coordination 4‐Oct‐21 20‐Mar‐22Task 7 Lead Service Verification 20‐Sep‐21 22‐Oct‐21Task 8 Lead Service Replacements ‐ Charts and Cross‐Check with Potholing Results 25‐Oct‐21 13‐Dec‐21Task 9 Pre‐Final (90%) Engineering Plans 20‐Sep‐21 Week of 1/17/2022

Task 10 Final (100%) Contract Plans 14‐Feb‐22 Week of 3/21/2022

Task 11 Public Information Meeting Task 12 Progress Meetings (2) ‐ (90% and 100% at City)Task 13 Permitting (Pre‐Final‐90% and Final) 4‐Oct‐21 20‐Mar‐22Task 14 Engineer’s Opinion of Probable Construction Costs (EOPCC) (90% and Final)Task 15 QA‐QC (Pre‐Final‐90% and Final)Task 16 Modeling Updates – Overall System (Phase I & II Record with Phase III Design) 20‐Sep‐21 22‐Oct‐21Task 17 Bid Award and Assistance 25‐Apr‐22 12‐May‐22Task 18 Project Administration 20‐Sep‐21 12‐May‐22Task 19 Design Allowance

26‐Aug‐21 12‐May‐22

COMBINED SEWER SEPARATION PROJECT ‐ PHASE III (60% to Final)

EXHIBIT B ‐ PROJECT SCHEDULE

BLUFF CITY BOULEVARD BASIN

FINAL ENGINEERING PLANS, CONTRACT DOCUMENTS AND BIDDING SERVICES

Week of September 13, 2021Ongoing throughout the ProjectOngoing throughout the Project

CONTRACT APPROVAL AND NOTICE TO PROCEED Week of August 30, 2021

CITY REVIEW OF 90% PLANS (3 WEEKS ALLOWED ) AND PROGRESS MEETING Week of February 7, 2022

CITY REVIEW OF 100% PLANS (3 WEEKS ALLOWED ) AND PROGRESS MEETING Week of April 11, 2022To be scheduled early in project (Tentative December 2021)

OVERALL SCHEDULE FOR FINAL ENGINEERING SERVICES

Week of February 3, 2021 and Week of April 11, 2022

To be submitted with 90% and Final PlansTo be completed with 90% and Final Plans

As needed throughout the Project

Task Descriptions Hours Labor FeeSub‐

ConsultantDirect Costs Total FEE

Task 1 Kickoff Meeting (Internal and with City ‐ 60% design overview) 15 $2,653 $2,653Task 2 Pickup Survey 17 $2,491 $90 $2,581Task 3 Geotechnical Subconsultant Services 4 $566 $3,500 $4,066Task 4 Sewer Televising Video Review 20 $3,080 $3,080Task 5 Field Reconnaissance 24 $4,152 $4,152Task 6 Utility Coordination 30 $4,846 $4,846Task 7 Lead Service Verification 46 $7,962 $30,000 $37,962Task 8 Lead Service Replacements ‐ Charts and Cross‐Check with Potholing Results 18 $2,922 $220 $3,142Task 9 Pre‐Final (90%) Engineering Plans 580 $90,284 $480 $90,764

Task 10 Final (100%) Contract Plans 142 $22,696 $400 $23,096Task 11 Public Information Meeting 26 $4,938 $140 $5,078Task 12 Progress Meetings (2) ‐ (90% and 100% at City) 24 $4,768 $170 $4,938Task 13 Permitting 32 $4,932 $4,932Task 14 Engineer’s Opinion of Probable Construction Costs (EOPCC) 54 $9,172 $9,172Task 15 Quality Assurance and Quality Control (QA‐QC) 46 $8,398 $8,398Task 16 Modeling Updates – Overall System 12 $2,484 $2,484Task 17 Bid Award and Assistance 52 $8,776 $8,776Task 18 Project Administration 34 $7,380 $7,380Task 19 Design Allowance N/A $7,500 $7,500

1,176 $200,000 $33,500 $1,500 $235,000GRAND TOTAL BLUFF CITY PER SCOPE IDENTIFIED ABOVE FOR PHASE III 1,176 $200,000 $33,500 $1,500 $235,000

MAN‐HOUR AND FEE ESTIMATE

BLUFF CITY BOULEVARD BASIN ‐ COMBINED SEWER SEPARATION PROJECT ‐ PHASE III (60% to Final)

Note: The fee for Construction Administration, Record Drawings, and Inspection Services are not included. These will be provided and included as an amendment to the design contract during the construction phase of the project.

FINAL ENGINEERING PLANS, CONTRACT DOCUMENTS AND BIDDING SERVICES (SEE ATTACHMENT A‐4)

Sub‐Total for PreFinal & Final Plans with Specifications ‐ 90% & Final

Task Descriptions Hours Labor FeeSub‐

ConsultantDirect Costs Total FEE

A. Construction Start-up and Review 10 1,560.00$ 1,560.00$ B. Construction Observation - Utilities (8hrs/day) 199 30,095.00$ 924.00$ 31,019.00$ C. Administration/Coordination 4 540.00$ 540.00$ D. Progress Meetings at City 15 2,435.00$ 166.00$ 2,601.00$ E. Project Close-out 10 1,560.00$ 100.00$ 1,660.00$ F. Design Assistance/Shop Drawing Review 4 720.00$ 720.00$ G. Record Drawing Services 35 5,500.00$ 300.00$ 5,800.00$

SubConsultant for QA for HMA and PCC $2,500.00 $2,500.00

Sub-Total for Backflow Prevention 277 42,410.00$ 2,500.00$ 1,490.00$ 46,400.00$

GRAND TOTAL BACKFLOW PREVENTION PER SCOPE IDENTIFIED ABOVE 46,400.00$

Construction Engineering Assumptions:1. Contract Letting = August, 20212. Construction Backflow Preventer Inspection anticipated from February 18, 2022 to March 15, 2022 (20 field days)3. Punchlist and project close out (3 days)4. Total Days On-Site for 1 RE Estimated = 20 DAYS on-site 5. Construction Weekly Mtgs are included within the full day for RE6. Construction Project Manager estimated at 2hrs per progress meeting (6 weeks = 12 hrs)7. QA Material Testing estimated at 5% of PH3 Fee ($50K x 5% = $2500)

Record Drawing Assumptions:1. Assumes a total of 5 sheets for the RD Set (Cover, OV, 3-BF locations)

MAN‐HOUR AND FEE ESTIMATE

BLUFF CITY BOULEVARD BASIN ‐ BACKFLOW PREVENTION ‐ CONSTRUCTION ENGINEERING SERVICES

CONSTRUCTION ENGINEERING SERVICES (SEE ATTACHMENT A‐5)

AGENDA ITEM: M MEETING DATE: July 28, 2021

ITEM: Change Order No. 1 and Final for 2020 Miscellaneous Sewer Projects ($11,847) OBJECTIVE: Improve Neighborhoods throughout the City with small sewer infrastructure improvements. RECOMMENDATION: Award the Change Order No. 1 and Final for the 2020 Miscellaneous Sewer Projects to Trine Con-struction Corporation of West Chicago, Illinois in the amount of $11,847. The City council awarded the 2020 Miscellaneous Sewer Projects to Trine Construction Corpora-tion of West Chicago, Illinois. The project included a deep sanitary sewer installation to bypass the Red Barn lift station. During the construction of the deep sewer, the contractor encountered significant ground water requiring the installation of six dewatering wells and full time pumping through the duration of the construction to ensure that the trench was safe and to guarantee appropriate construction of sewer line. The dewatering effort was not expected at the time of bidding and the contractor is now due the additional payment for the effort. Staff recommends awarding Change Order No. 1 and Final for the 2020 Miscellaneous Sewer Projects to Trine Con-struction of West Chicago, Illinois in the amount of $11,847. BACKGROUND The City owns, operates and maintains hundreds of miles of sanitary and storm sewer collection system pipe networks. These pipe networks include areas of separated sewers as well as com-bined sewers where a single pipe network conveys both storm and sanitary sewer. The collection system pipes require regular inspection, maintenance and repair. The work necessary for repair or improvement occasionally becomes too large for City staff to efficiently complete while main-taining all other system. Consequently, it is necessary to bid out the projects to a contractor bet-ter suited to complete this type of work. Recognizing the inefficiencies in managing multiple, small project contractors, staff instead combines multiple smaller projects into a single package to not only more effectively manage those projects, but also for acquiring better pricing on the compiled projects rather than bidding each individually.

2

The first location in the project was a side yard storm sewer collapse between 374 and 382 North Crystal Street. This storm sewer collapse was investigated and determined that the best course of action was to replace a portion of the storm sewer that is directly collapsed, and utilize a pro-cedure called slip lining to install a pipe inside of the existing host pipe to ensure that the remain-ing pipe continues to operate appropriately. The second location was at the intersection of Crystal Street and Mountain Street. An illicit con-nection of a street catch basin connected to the separated sanitary sewer system was found. This project disconnected the storm sewer connection and then regraded the intersection to ensure that there would not be ponding in the roadway. The third location was the installation of a sanitary sewer to bypass and decommission the Red Barn Lift Station. The Red Barn Lift Station was installed for development immediately west of Randall Road and along College Green Drive. However, with the development of the Edgewater Subdivision further west, there was a sewer stub connection installed with the intention of being able to convey the Red Barn Lift Station sewage flows by gravity. This project connected the sewer from the Red Barn Lift Station to the stub location, thereby decommissioning the Red Barn Lift Station. The City utilized a task order engineering services agreement with Burns & McDonnell to design and compile the bid documents for the project. OPERATIONAL ANALYSIS In September of 2020, the City awarded Bid 20-037 Miscellaneous Sewer Projects to Trine Con-struction Corporation for the completion of the projects. During construction of the Red Barn Lift Station Bypass Sanitary Sewer, the contractor encountered significant ground water at fourteen feet below grade. The sanitary sewer needed to be installed at twenty feet below grade. The City staff, consulting engineer and contractor worked out a plan for a dewatering pump system to dewater the trench for the proper installation of the sanitary sewer, and to ensure the safety of the contractor employees working in the trench. The resolution required dewatering wells drilled to 50 feet deep and pumps installed in the wells. The dewatering well and pump system was needed for 46 days for the completion of the sanitary sewer installation. The work has been com-pleted and the installed sanitary sewer is in good operating order. The Red Barn Lift Station has been removed. INTERESTED PERSONS CONTACTED None.

3

FINANCIAL ANALYSIS Staff recommends awarding the Change Order No. 1 to Trine Construction Corporation of West Chicago, Illinois in the amount of $11,847. The original contract with Trine Construction was $569,360. Change Order No. 1 will increase the original contract amount by a total of $11,847; that sum represents two and eight hundredths of a percent of the original contract amount. The new contract amount inclusive of all change orders is $581,207. BUDGET IMPACT


AMOUNT AVAILABLE

2019 Bond 319-4000-795.93.41 430105 $11,847 $11,847 LEGAL IMPACT None. ALTERNATIVES The contractor has completed the project and is due the compensation for the work. NEXT STEPS

1. Execute the Change Order No. 1 and Final.

2. Pay the contractor for the completed work.


ATTACHMENTS

A. Change Order No. 1 and Final

AGENDA ITEM: N MEETING DATE: July 28, 2021

ITEM: Purchase Agreement with Combined Fluid Products Company for Vacuum Priming System ($35,026) OBJECTIVE: Provide adequate water supply by replacing aging equipment. RECOMMENDATION: Award the purchase agreement to Combined Fluid Products Company in the amount of $35,026. The water department provides water to the distribution system via booster pumps. The booster pumps which are located at the Slade Avenue facility require a vacuum priming system to operate under certain conditions. The vacuum priming system removes air from the pump or piping to allow the pumps to operate as required. This purchase agreement replaces the existing vacuum priming system, which has reached the end of its useful service life, with a new system like the one installed at the Airlite Water Treatment Plant. BACKGROUND City water is drawn from the Fox River and deep wells and then treated through the Leo Nelson Riverside or the Airlite Water Treatment Plants to improve the quality for human consumption. Upon completion of treatment, the finished water is pumped out to the distribution system for consumption. The City has 23 booster pumps at six different pumping locations to ensure that there is sufficient capacity of water to the proper pressure throughout the span of topography and distance of the water service area. There are three booster pumps located at the Slade Avenue facility which are used to pump water to the eastern area of the City known as the low-pressure zone. In order for these pumps to operate satisfactorily across a range of conditions, a vacuum priming system is necessary to re-move air that may be trapped in the pumps or piping. Trapped air renders the pumps unable to operate until the air can be released. The current vacuum priming system is unusable, and repairs would not be cost effective. The proposed vacuum priming system is similar to the system that is installed at the Airlite Water Treatment Plant. The current Airlite system has been functioning

2

satisfactorily. By installing a system from the same manufacturer, the number of spare parts needed to keep both systems functioning would be reduced. OPERATIONAL ANALYSIS The demolition of the current vacuum priming system and the installation of the new system will be coordinated with operations staff, so that disruption to normal processes is kept to a mini-mum. Staff will ensure that for the duration of the work the Slade Avenue pumping is either shut down or managed so that the potential for air binding is minimal. Maintenance staff will be per-forming the demolition and installation of the new system. The new system is a complete skid mounted assembly including the necessary pumps, air re-ceiver, piping, valves and controls to function in the needed capacity. Once the new system is installed, the preventative maintenance and parts replacement will be the same as is performed at the Airlite Treatment Plant. Maintenance staff are comfortable with the Airlite system and feel confident that the new Slade Avenue system will perform equally as well. Staff would recommend entering into an agreement with Combined Fluid Products Company for the purchase the vacuum priming system. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Staff would recommend awarding an agreement with Combined Fluid Products Company for the purchase of the vacuum priming system for $35,026. This item was budgeted for and the funding is available in the Utility fund. BUDGET IMPACT


AMOUNT AVAILABLE

Utility 401-4002-771.91-46 409881 $290,000 $195,000 LEGAL IMPACT The approval of the agreement would require an exception to the procurement ordinance, which requires the approval of two-thirds of the members of the city council.

3

ALTERNATIVES The city council may choose to reject the purchase agreement; however, staff would request further direction on how to proceed, as the existing equipment is unreliable. NEXT STEPS 1. Execute contract documents.

2. Issue notice to proceed.

3. Delivery and installation of equipment.

Originators: Nora M. Bertram, Senior Engineer

Eric B. Weiss, Water Director Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager

ATTACHMENTS

A. Quote from Combined Fluid Products Company

Combined Fluid Products Company805 Oakwood RoadLake Zurich IL 60047

Quotation # QU23057

Ship To

City of Elgin WTP2 Slade AveElgin IL 60120

Q-VAC priming systems include a wide range of high quality standard systems that can be customized with standard options. Wereview customer specifications for general information on sizing; however to maximize performance, quality, and value we do notguarantee compliance to any outside specifications, terms, or requirements unless explicitly stated within the quotation. Start-upassistance, when available, is not included in system pricing but may be purchased, given sufficient advanced notice. Non-standardoptions will be considered individually upon request.

To place an order, please reference this quote and send your purchase order to [email protected] or fax to (847) 540-0513.All orders and payment terms are subject to approval by CFP’s credit department.

Questions? Please contact your CFP Sales Rep or call our Customer Service group at (847) 540-0054.

THE COMBINED FLUID PRODUCTS COMPANY STANDARD TERMS AND CONDITIONS OF SALE DATED 01/02/03, DELIVERED TO THE CUSTOMER, INCLUDINGBUT NOT LIMITED TO PROVISIONS RELATING TO PRICE ADJUSTMENTS AND CANCELLATION, ARE A PART OF THE AGREEMENT BETWEEN THE PARTIES.

Effective 6/22/2021

Expires 7/22/2021

Est Shipment (ARO) 8-10 weeks

F.O.B. Destination

Terms N/30 days

Sales Rep Tom Neff

Project Ref Priming System Replacement - Sl...

ItemSee Description

DescriptionQ-Vac model QVD-11RVD-60HG-AP (230v) Automatic Duplex Priming System

This tank mounted vacuum priming system includes two oil-less vacuum pumps, a duplex control panel withautomatic controls, a horizontal vacuum receiver, and all interconnecting piping and wiring for single pointconnections. All external ferrous metals will be protected by a uniform coating of industrial enamel. The entiresystem will be run tested to ensure proper operation.

Performance

This system will continuously maintain pump prime with only one vacuum pump running intermittently. Eachvacuum pump has a maximum flow of 11 acfm and is rated for continuous operation up to 25“ Hg.

Pump Assembly

2--Oil-less, air-cooled, rotary vane vacuum pump with integrated inlet filter, vacuum relief valve, and dischargesilencer2--Electric motor, 0.9 HP, 3/60/230v, TEFC enclosure, IE3 efficiency2--Inlet check valve2--AutoPurge valve, electrically actuated, NEMA 42--Stainless steel flex connector

Air Receiver

1--Horizontal ASME receiver tank, 60 gallon, galvanized steel2--Welded fork truck lifting rails1--Receiver sight level gauge with isolation valves1--High water level switch1--Receiver drain valve1--System isolation valve1--Vacuum release valve with silencer to accommodate trouble free maintenance

Automatic Duplex Control Panel (230 volt, 60 Hz, 3-phase)

1--NEMA 4 enclosure1--Main disconnect switch2--Full voltage IEC motor contactor2--Motor circuit protector with lockable disconnect switch, overload protection, phase loss protection, and shortcircuit protection1--Control voltage transformer with fused primary & secondary1--Power supply, 24VDC2--Green LED pump running light2--H-O-A selector switch1--Red LED alarm light1--Alarm horn with silence button, 90 dB(A)7--Dry contacts for SCADA monitoring (Pump 1 Running/Fault, Pump 2 Running/Fault, Maintenance Required,Low Vacuum, Receiver Flooded)1--Vacuum transducer, 0.5% FS accuracy, 4-20 mA1--Full function PLC with 4.3” LCD color touch screen controlling automatic operation, AutoPurge operation,lead/lag sequencing, automatic alternation, frequent start protection, and alarm monitoring.1--Display including password protected settings, real-time clock (date & time), run status, operation mode,vacuum pump role, hour meters, vacuum level in selectable units (In HgA, In HgV, Torr, mbar), alarm conditions,

Qty1

Combined Fluid Products Company805 Oakwood RoadLake Zurich IL 60047

Quotation # QU23057

Q-VAC priming systems include a wide range of high quality standard systems that can be customized with standard options. Wereview customer specifications for general information on sizing; however to maximize performance, quality, and value we do notguarantee compliance to any outside specifications, terms, or requirements unless explicitly stated within the quotation. Start-upassistance, when available, is not included in system pricing but may be purchased, given sufficient advanced notice. Non-standardoptions will be considered individually upon request.

To place an order, please reference this quote and send your purchase order to [email protected] or fax to (847) 540-0513.All orders and payment terms are subject to approval by CFP’s credit department.

Questions? Please contact your CFP Sales Rep or call our Customer Service group at (847) 540-0054.

THE COMBINED FLUID PRODUCTS COMPANY STANDARD TERMS AND CONDITIONS OF SALE DATED 01/02/03, DELIVERED TO THE CUSTOMER, INCLUDINGBUT NOT LIMITED TO PROVISIONS RELATING TO PRICE ADJUSTMENTS AND CANCELLATION, ARE A PART OF THE AGREEMENT BETWEEN THE PARTIES.

Item

CVA-075R

QV-45P

WLSS-KIT

QV-45P

WLSS-KIT

90134700007 DV

90951900000 E

QVPK1-45P

QVPK3-45P

Q-VAC Start Up

Freight/Shipping

Descriptionmaintenance reminders, operation log, and alarm log.1--Fail safe design allows Hand operation in case of PLC failure1--UL508 labeled

Inline water trap with 3/4“ FPT isolation valves, corrosion resistant aluminum head, clear polycarbonate housing toshow accumulated liquid, internal baffle, stainless steel screen, ball float, elastomer seat, vacuum release valve,drain valve, and vacuum gauge.

Heavy duty priming valve including a cast iron body with fusion bonded epoxy coating, 316SS float, and 316SStrim. Rated for operation to 150 psi.

Prime verification kit with 316ss pipe fittings and a SPDT stainless steel and polypropylene level switch

Included Spares:

Priming valve for future expansion

Prime verification kit for future expansion

Set of vanes

Inlet filter element

Priming valve rebuild kit

Priming valve seal kit

Included Field Services:

Up to one day of factory start-up assistance & training. Please provide at least 3-4 weeks advance notice.

LTL Freight to Zip Code 60120

Qty

1

3

3

2

2

2

4

3

3

1

1

Total $35,025.06

AGENDA ITEM: O MEETING DATE: July 28, 2021

ITEM: Purchase Agreement with Cummins Inc. for the Leo Nelson Riverside Water Treatment Plant Gen-erator Controller Upgrade ($65,671) OBJECTIVE: Replace the obsolete controllers with upgraded equipment at the Leo Nelson Riverside Water Treatment Plant to ensure reliability of backup power generators for the treatment and pumping of the City’s water supply. RECOMMENDATION: Award the Purchase Agreement to Cummins Inc. in the amount of $65,671. The water department has two backup generators at the Leo Nelson Riverside Water Treatment Plant and one generator at the Slade Avenue Pumping Station. These facilities are critical to de-livering water to the constituents of the City and the generators ensure uninterrupted service dur-ing a power outage. The controllers on these generators have required emergency service over the past two years. The existing controllers are no longer supported by the manufacturer, and replacement parts are dif-ficult to acquire. Replacing the controllers will give stability to the treatment process and reliabil-ity to water service during critical events. Staff recommends entering into an agreement with the original equipment manufacturer Cum-mins Inc. to upgrade the control systems in the Riverside and Slade generators in the amount of $65,671. BACKGROUND The water department relies on electricity for the continuous treatment and pumping of water to the constituents of the City. During bad weather and ComEd power grid failures, the water department relies on emergency backup power at the Leo Nelson Riverside Water Treatment Plant to meet the demands. The need for emergency backup power occurs approximately ten times per year, and the duration of the need for emergency backup power during those events

2

generally runs between 12 and 72 hours, until ComEd electricity is stable enough to return to the grid power. In the event of a total loss of power at the City’s water treatment facilities, there are times that the City’s available potable water supply would not last more than a few hours before water service disruptions would occur at locations throughout the City. To this end, City staff work dili-gently to ensure reliability and redundancy of power to the water treatment and pumping facili-ties. The water department has two backup generators at the Leo Nelson Riverside Water Treatment Plant and one generator at the Slade Avenue Pumping Station. The controllers on these genera-tors have required emergency service over the past two years. The existing controllers are no longer supported by the manufacturer, and replacement parts are difficult to acquire. Replacing the controllers will give stability to the treatment process and reliability to water service during critical events. Staff is recommending the purchase and installation of an upgraded controller system on the existing Riverside and Slade generators to ensure that there is reliable power available for treat-ment and pumping of water. The upgraded controllers are expected to be serviceable and have more readily available parts if a failure were to occur. OPERATIONAL ANALYSIS The purchase and installation of the controller system is a critical upgrade to one of the City’s water treatment and pumping facilities. The current system being utilized at the facilities is un-reliable and obsolete. Therefore, failures occur during emergency situations and finding compat-ible parts has become exceedingly difficult. The replacement of the existing controllers will occur over several days. During the days when the controllers are being installed, staff will be coordinating with ComEd and observing weather forecasts to minimize the potential need for the emergency backup power. This replacement must be carefully planned and coordinated. Staff would recommend entering into an agreement with Cummins for the purchase and instal-lation of the Riverside and Slade generators controller upgrades. INTERESTED PERSONS CONTACTED None.

3

FINANCIAL ANALYSIS Staff would recommend awarding an agreement with Cummins Inc. for the Riverside and Slade generator controller upgrade for $65,671. This item was budgeted and the funding is available in the Utility Fund. BUDGET IMPACT


AMOUNT AVAILABLE

Utility 401-4002-771.91-46 409882 $65,700 $65,700 LEGAL IMPACT The approval of the agreement would require an exception to the procurement ordinance, which requires the approval of two-thirds of the members of the city council. ALTERNATIVES The city council may choose to reject the purchase agreement; however, staff would request further direction on how to proceed, as the existing equipment is unreliable, and emergency backup power is critical for continuous water treatment and availability. NEXT STEPS 1. Execute contract documents.

2. Issue notice to proceed.

3. Delivery and installation of equipment.


ATTACHMENTS

A. Draft Purchase Agreement with Cummins Inc.

PURCHASE AGREEMENT

THIS AGREEMENT is hereby made and entered into this _____ day of ___________, 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Cummins Sales and Service, an Indiana corporation, (hereinafter referred to as "Cummins" or "Seller").

NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase, and Cummins shall sell the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 3. LAW/VENUE. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Cummins hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Cummins agrees that service by first class U.S. mail to Cummins, Inc., R/A Corporation Service Company, 135 N. Pennsylvania St., Suite 1610, Indianapolis, IN 46204 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 6. INTEREST. Cummins hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 7. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Cummins shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Cummins hereby certifies, represents and warrants to the City that all of Cummins's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Cummins shall also, at its expense, secure all permits and

2

licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of Cummins to determine Cummin's compliance with the provisions of this section. In the event the City proceeds with such an audit, Cummins shall make available to the City Cummins's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 9. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 10. CONFLICT. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto, the terms and provisions of this purchase agreement shall supersede and control. 11. PAYMENT. City shall pay the total sum of $65,670.32 within thirty (30) days of delivery or city's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. 12. DELIVERY. Cummins shall complete delivery of all goods on or before September 25, 2021. 13. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 14. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at Cummins’ sole expense. 15. INDEMNIFICATION. To the fullest extent permitted by law, Cummins agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney’s fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Cummins or Cummins’s officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to

3

indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City’s choosing. 16. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 17. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 18. LIMITATION OF ACTIONS. Cummins shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of any nature whatsoever and in whatsoever forum after two (2) years from the date of this Agreement. 19. NO OTHER AGREEMENTS. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral, written or implied, between the parties hereto regarding the subject matter hereof. This Agreement may only be altered or modified by written instrument signed by both parties. 21. NO WAIVER OF IMMUNITIES OR RIGHTS. This agreement is not intended and shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City and/or Cummins and/or their officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the City and/or the District and/or their respective officials, officers, employees and/or agents as a result of this agreement or any actions of the Parties pursuant to this agreement. 22. NO SPECIAL OR OTHER DUTY. No special duties or obligations are intended and shall not be deemed or construed to be created by this agreement. Notwithstanding anything to the contrary in this agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or the District and/or their respective officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this agreement. The provisions of this section shall survive any expiration and/or termination of this agreement. The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf.

4

IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above written. CUMMINS, INC. ______________________________________ Print Name ______________________________________ Signature ______________________________________ Title

CITY OF ELGIN ______________________________________ Richard G. Kozal, City Manager Attest: ______________________________________ City Clerk

F:\Legal Dept\Agreement\Cummins Inc-Purchase Agr Generator Controllers 6-8-21.docx

TERMS AND CONDITIONS

These Terms and Conditions, together with the estimate/quote (the "Quote") and/or invoice ("Invoice") attached to these Terms and Conditions, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer ("Customer") identified on the Quote and/or Invoice and Cummins Inc. ("Cummins") and supersede any previous agreement or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, any terms and conditions related thereto shall be null and void and of no legal effect on Cummins. 1. CUSTOMER OBLIGATIONS. If necessary, Customer shall provide Cummins safe and free access to Customer's site and arrange for all related

services and utilities necessary for Cummins to safely and freely perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to injury to facility occupants, customers, invitees, or any third party and/or property damage or work interruption arising out of the Services. If applicable, Customer shall make all necessary arrangements to address and mitigate the consequences of any electrical service interruption which might occur during the Services. Customer is responsible for operating and maintaining the Equipment in accordance with the owner's manual for the Equipment.

2. DELIVERY; TITLE AND RISK OF LOSS. Unless otherwise agreed in writing by the parties, any Goods supplied under this Agreement shall be

delivered FOB Origin, freight prepaid to the final destination. If agreed, any charges for third party freight are subject to adjustment to reflect any change in price at time of shipment. Unless otherwise agreed to, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. All shipments are made within normal business hours, Monday through Friday. Unless otherwise agreed in writing by the parties, title and risk of loss for any Goods sold under this Agreement shall pass to Customer upon delivery of Goods by Cummins to the final destination or to Customer at pickup at Cummins' facility.

3. DELAYS. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further,

delivery time is subject to confirmation at time of order. Cummins shall not be liable to Customer or any third party for any loss, damage, or expense suffered by Customer or third party due to any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, or labor disputes.

4. LIMITED WARRANTIES.

a. New Goods: New Goods purchased or supplied under this Agreement are governed by the express written manufacturers' warranty. No other warranty for Goods supplied under this Agreement is provided under this Agreement. b. Cummins Exchange Components, Other Exchange Components, and Recon: Cummins will administer the Cummins exchange component warranty and the warranties of other manufacturers' exchange components or Recon Components which are sold by Cummins. In the event of defects in such items, only manufacturers' warranties will apply. c. HHP Exchange Engine: HHP Exchange Engines remanufactured by Cummins under this Agreement are governed by the express Cummins' written warranty. No other warranty for HHP exchange Engines supplied under this Agreement is provided under this Agreement. d. General Service Work: All Services shall be free from defects in workmanship (i) for power generation equipment (including engines in such equipment), for a period of ninety (90) days after completion of Services or 500 hours of operation, whichever occurs first; or (ii) for engines, for a period of ninety (90) days after completion of Services, 25,000 miles or 900 hours of operation, whichever occurs first. In the event of a warrantable defect in workmanship of Services supplied under this Agreement ("Warrantable Defect"), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New Goods supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such Goods. e. Used Goods: Used Goods are sold "as is, where is" unless exception is made in writing between Cummins and Customer. Customer agrees to inspect all used Goods before completing the purchase. f. THE REMEDIES PROVIDED IN THE LIMITED WARRANTIES AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,

WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.

5. ASSIGNMENT. This Agreement is binding on the parties and their successors and assigns. Customer shall not assign this Agreement without

the prior written consent of Cummins. 6. CANCELLATION. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. Cummins

may charge Customer a cancellation charge in accordance with current Cummins policy which is available upon request, in addition to the actual, non- recoverable costs incurred by Cummins.

7. REFUNDS/CREDITS. Goods ordered and delivered by Cummins under this Agreement are not returnable unless agreed to by Cummins.

Cummins may, at its sole discretion, agree to accept Goods for return and provide credit where Goods are in new and saleable condition and presented with a copy of the original invoice. Credits for returns will be subject to up to a 15% handling/restocking charge and are limited to eligible items purchased from Cummins.

8. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the

performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins.

9. CONFIDENTIALITY. Notwithstanding anything to the contrary herein, the City’s good faith compliance with the provisions of the Illinois Freedom

of Information Act (5 ILCS 140/1, et seq.) shall not be construed as, and shall not constitute a breach of this Agreement.

25-MAY-2021

2 SLADE AVE

1250DFLC-5740838/W ONAN

GENSET

23-JAN-2007

08-MAR-2021 L050867678

COMPLAINT

CAUSE

CORRECTION

COVERAGE

THIS IS AN ESTIMATE TO UPGRADE YOUR GENERATOR CONTROL (3) UNITS IN TOTAL.

UNIT 1UNIT 2SLADE UNIT

CUSTOMER REQUESTED

CUMMINS WILL PROVIDE 2 TECHS FOR 3-5 DAYS ON SITE WITH THE COMPONENTS NEEDED TO PERFORM THE CONTROL UPGRADE.

THIS UPGRADE WILL INCLUDE A NEW ENGINE HARNESS, NEW OIL PRESSUREAND TEMP SENSOR, ALONG WITH NEW COOLANT TEMPERATURE AND LEVELSENSORS AS WELL AS THE CONTROL ITSELF.

CUSTOMER

CITY OF ELGINACCOUNTS PAYABLE150 DEXTER CTELGIN, IL 60120-5555

Billing Inquiries? Call (877)480-6970 or email [email protected]

27725

341188

SLADE AVE FACILITIES2 N SLADE AVEELGIN, IL 60120-5555 *** CHARGE ***

ESTIMATE

CHICAGO IL BRANCH7145 SANTA FE DRIVEHODGKINS, IL 60525-

1

THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD.

Payment terms are 30 days from invoice date unless otherwise agreed upon in writing. Remit to: Cummins Sales and ServiceNW 7686 PO Box 1450Minneapolis, MN 55485-7686

TO PAY ONLINE LOGON TOcustomerpayment.cummins.com

(708)579-9222

AUTHORIZED BY (print name)____________________________________SIGNATURE___________________________DATE_______________________

PAGE OF

INVOICE NO

OWNERBILL TO

L050867678OSN/MSN/VIN

EDDIE RAMOS - 224 2394286

Completion date : 25-Aug-2021 11:05AM. Estimate expires : 25-Sep-2021 11:06AM.

3

3

3

30

3

30

6

3

3

0

0

0

0

0

0

0

0

0

KIT, ENG CNTRL 28-38-50

DOOR,CONTROL

KIT,HARNESS

RELAY SOCKETS

LABEL

TERMINAL RELAY

STRUT CHANNEL NUT

STRUT CHANNEL 10FT

TOOL WIRE

C1-NPOWER

ONAN

ONAN

C1-NSPART1

C1-NSPART1

C1-NSPART1

C1-NSPART1

C1-NSPART1

C1-NSPART2

5,831.00

122.10

128.25

18.42

5.21

20.06

23.08

47.03

116.90

17,493.00

366.30

384.75

552.60

15.63

601.80

138.48

141.09

350.70

A059J423

A035C783

A058G065

7098K22

6741K72

7098K14

3259T117

3310T513

9874T23

3

ATTACHMENT A

25-MAY-2021

2 SLADE AVE

1250DFLC-5740838/W ONAN

GENSET

23-JAN-2007

08-MAR-2021

L050867678


LOCAL 0.00


27725

341188


ESTIMATE


2




(708)579-9222


TAX EXEMPT NUMBERS:

PAGE OF

INVOICE NO

OWNERBILL TO


AS A RESULT OF THE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY DELAYSIN DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG



3

1

1

0

0

0

TERMINAL BLOCK

FREIGHT CHRGS FS PG

FABRICATION ITEMS

C1-NSPART2

C1-FREIGHT

C1-NSPART4

128.09

100.00

691.60

384.27

100.00

691.60

3691T14

FREIGHT

MOUNTING HARDWARE

ELECTRONIC TOOLING FEEHAZ WASTE DISPOSALSHOP SUPPLIESTECH TRAVEL CHARGES

50.00 100.00 150.00

1,050.00

SURCHARGE TOTAL: 0.00

PARTS COVERAGE CREDIT:

LABOR COVERAGE CREDIT:

TRAVEL COVERAGE CREDIT:

MISC. COVERAGE CREDIT:

TOTAL PARTS:

TOTAL LABOR:

TOTAL TRAVEL:

TOTAL MISC.:

21,220.22

31,880.10

11,220.00

1,350.00

0.00

0.00

0.00

0.00

21,220.22

31,880.10

11,220.00

1,350.00

PARTS:

LABOR:

TRAVEL:

MISC.:

CR

CR

CR

CR

3

25-MAY-2021

2 SLADE AVE

1250DFLC-5740838/W ONAN

GENSET

23-JAN-2007

08-MAR-2021

L050867678



65,670.32

65,670.32

0.00

27725

341188


ESTIMATE


3




(708)579-9222

TOTAL AMOUNT: US $


SUB TOTAL:

TOTAL TAX:

PAGE OF

INVOICE NO

OWNERBILL TO


OTHER FACTORS, CUMMINS DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE.



3

AGENDA ITEM: P MEETING DATE: July 28, 2021

ITEM: Software Maintenance Agreement with Esscoe, LLC for Genetec Video Management System ($83,486) OBJECTIVE: Provide continued support for the Genetec Video Management System which is utilized by the police department and other City departments. RECOMMENDATION: Authorize the five-year software maintenance agreement with Esscoe, LLC for the City’s Genetec Video Management System in the amount of $83,486. The police department entered into an agreement with Motorola Solutions in 2014 for the pur-chase of a Real Time Information Center (RIC)-Video Management System. The RIC utilizes a vari-ety of technological assets along with upgraded cameras within the City to address quality of life issues. The use of the RIC also provides the platform for other City departments to utilize these same technical advances to enhance customer service. All the public cameras in the RIC are cate-gorized and viewed in the Genetec Video Management System. From 2014 through 2021, the police department purchased a software maintenance agreement for the Genetec platform through Motorola Solutions. The police department was notified in 2021 that Motorola Solutions will no longer be providing support and maintenance services for the Genetec Video Management System. This five-year software maintenance agreement with Esscoe, LLC provides continued support and maintenance of the Genetec Video Management Sys-tem. BACKGROUND The City authorized the purchase of a Real Time Information Center (RIC) Video Management System in 2014. The system created a centralized network which is available to all City depart-ments for the purpose of storing and indexing the City’s current 421 cameras. The purchase in-cluded a warranty period which expired at the end of 2015. Subsequent years have required the purchase of service contracts and were obtained by the police department through Motorola Solutions. In 2021, the police department was notified that Motorola Solutions would no longer provide support and maintenance services for the Genetec Video Management System. Police

2

department personal utilized a joint purchase agreement through General Services Administra-tion and negotiated the purchase of a five-year agreement with Esscoe, LLC in the amount of $83,486. OPERATIONAL ANALYSIS The RIC utilizes a variety of technological assets along with existing and upgraded cameras within the city to address crime and quality of life issues. Since the inception of the RIC, the utilization of the Genetec Video Management system provides a holistic approach to camera technology for all City departments. Currently the City’s public services, building maintenance, parks and recreation and water departments utilize City cameras for their day-to-day operations. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The cost of the five-year software maintenance agreement with Esscoe, LLC is $83,486. Through collaborative conversations with department directors in public services, building maintenance, parks and recreation and water departments, each department including the police department will be responsible for the total cost. Each department will provide $16,697 in funding, sharing the total cost for the five-year software maintenance agreement. BUDGET IMPACT

FUNDS ACCOUNTS PROJECT #

AMOUNT BUDGETED

AMOUNT AVAILABLE

General-Police 010-2304-731.40-08 N/A $16,697 $16,697 Recreation 296-5001-761.40-08 N/A $12,525 $12,525

Land Management 010-3371-764.40-08 N/A $4,173 $4,173 Building Maintenance 010-3701-742.40-08 N/A $16,697 $16,697

Equipment Rep 601-4701-796.40-08 N/A $16,697 $16,697 Utility 401-4002-771.40-08 N/A $16,697 $16,697

LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance which requires approval by two thirds of the members of the city council.

3

ALTERNATIVES The city council may elect to not approve the agreement with Esscoe, LLC and direct staff to seek alternative support methods. NEXT STEPS Execute Software Maintenance Agreement with Esscoe, LLC.

Originators: James Bisceglie, Commander

Ana Lalley, Chief of Police Final Review: Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, City Manager

ATTACHMENTS

A. Esscoe, LLC- Software Maintenance Purchasing Agreement

PURCHASE AGREEMENT

THIS AGREEMENT is hereby made and entered into this _____ day of ___________, 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Esscoe, LLC, an Illinois limited liability company (hereinafter referred to as "Esscoe" or "Seller").

NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase, and Esscoe shall sell the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. TERMS. This agreement shall be subject to the price, terms and conditions contained herein; as provided by Attachment A attached hereto and made a part hereof; and as provided by a joint purchase agreement through General Services Administration (“GSA”), under Contract No. 47QSWA18D0050, incorporated herein by reference (hereinafter referred to as the "JPA"). 3. CONFLICT. In the event of any conflict between any of the terms and provisions of this agreement and either Attachment A or the JPA, or any portion thereof, the terms and provisions of this agreement shall supersede and control. In the event of a conflict between Attachment A and the JPA, Attachment A shall supersede and control. 4. LAW/VENUE. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Esscoe hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Esscoe agrees that service by first class U.S. mail to Wayne Skwarek, 2135 Cith Gate Lane #30, Naperville, IL 60563 shall constitute effective service. Both parties hereto waive any rights to a jury. 5. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 6. MERGER. This agreement embodies the whole agreement of the parties regarding the subject matter hereof. There are no promises, terms, conditions or obligations other than those contained herein regarding the subject matter hereof, and this agreement shall supersede, supplant and replace all previous communications, representations or agreements, either verbal, written or implied between the parties hereto regarding the subject matter hereof. 7. INTEREST. Esscoe hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement.

2

8. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 9. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Esscoe shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Esscoe hereby certifies, represents and warrants to the City that all of Esscoe's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Esscoe shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of Esscoe to determine Esscoe's compliance with the provisions of this section. In the event the City proceeds with such an audit, Esscoe shall make available to the City Esscoe's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 10. PAYMENT. City shall pay the total sum of $83,486,72 within thirty (30) days of delivery or other performance, or city's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all applicable taxes. 11. TERM. This Agreement shall terminate December 31, 2026. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 13. INDEMNIFICATION. To the fullest extent permitted by law, Esscoe shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions, from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Esscoe or Esscoe's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 14. FEES. City shall pay to Esscoe all billed fees, costs, charges and expenses (“Fees”) within thirty (30) days as provided by this Agreement. Any and all claims shall be addressed separately between the Parties. The Fees set forth herein may be adjusted at any time by mutual written agreement of both Parties. All Fees will be billed and paid in U.S. dollars, unless otherwise provided in a Schedule. 15. WARRANTY. Esscoe does not represent or warrant, expressly or implied, that its

3

services, systems and equipment will eliminate occurrences of the events that they are intended to detect or avert. Unless otherwise provided in a schedule, Esscoe has made no representations or warranties, and hereby disclaims any implied warranties of fitness for any particular use. 16. DELIVERY/FORCE MAJEURE. If equipment is purchased, Esscoe shall deliver or have delivered the equipment as projected in the Agreement or Schedules. Esscoe shall not be liable for delays in delivery or installation. “Force Majeure Event” shall mean any event beyond Esscoe’s control, including but not limited to: acts of war, acts of public enemies, terrorist attacks, governmental orders relating to the foregoing, insurrections, riots, sabotage, earthquakes, floods, acts of God, embargoes, authority of laws, third-party labor disputes (including strikes, lockouts, job actions or boycotts), fires, explosions, or failure in electrical power, heat, light, air conditioning or communications equipment. In the event Esscoe is precluded or delayed from performing under this Agreement due to a Force Majeure Event, Esscoe shall be excused from such performance and may withhold performance without liability while such Force Majeure Event exists. Esscoe shall notify the City as soon as reasonably possible regarding the existence and nature of the Force Majeure event and shall promptly give notice of its recommencement of performance. In the event the Force Majeure Event exists for more than ninety (90) days, Esscoe, upon written notice, may terminate this Agreement without liability. 17. INDEPENDENT CONTRACTOR. Esscoe is an independent contractor under this Agreement. It shall comply with all payroll tax withholdings, social security, unemployment and related employer obligations applicable to it. Except as set forth in a duly authorized Power of Attorney, no Party shall hold itself out as an agent of or in a joint venture with the other, and no Party shall have the authority to act on behalf of the other. 18. SUBCONTRACTORS. Esscoe may subcontract all or portions of the Services to a third party without City’s consent. The subcontracted third party shall be subject to the terms and conditions of this Agreement unless otherwise agreed to by the parties in writing. 19. ASSIGNMENT; NO THIRD PARTY BENEFICIARIES. The rights and obligations under this Agreement may not be transferred or assigned to a third party by the City without the prior written consent of Esscoe. Esscoe shall have the right to assign this Agreement without prior notice or consent of the Customer. This Agreement is binding upon and shall inure to the benefit of each Party and its respective successors and assigns. Other than Esscoe’s subcontractors, there are no third party beneficiaries under this Agreement. 20. AMENDMENTS; WAIVER; SEVERABILITY. This Agreement can only be modified or amended by a written instrument signed by the Parties. A waiver of any right by either Party shall not constitute a waiver of such right on any subsequent occasion. Acceptance by Esscoe of the amounts (or lesser amounts) payable under this Agreement shall not be deemed a waiver of any default. If any provision of this Agreement is determined to be invalid, such invalidity will not affect the validity of the remaining portions of this Agreement. 21. SURVIVAL. The rights and obligations of this Agreement which by their nature are intended to survive expiration or termination shall so survive, including but not limited to Sections 3-4, 6, 13-15 and 19-24. 22. ATTORNEY’S FEES. Notwithstanding anything to the contrary provided for herein, in

4

no event shall City be liable to Esscoe for any attorney’s fees. 23. NO BREACH OF OTHER AGREEMENTS. City and Esscoe each respectively represent and warrant that its execution of this Agreement does not violate any applicable law or breach any other agreement to which it is a Party or is otherwise bound. 24. NOTICE. Any notice required or permitted to be given shall, except where specifically provided otherwise, be given in writing to the person and at the address listed above by personal delivery, overnight carrier, electronic mail (e-mail) facsimile, or certified mail, return receipt requested. The date of notice shall be as follows: the date upon which such notice is so personally delivered; if by overnight carrier, the date of receipt at the designated address; if by facsimile transmission, upon electronic confirmation thereof, if by electronic mail (e-mail), upon electronic confirmation thereof or if by certified mail, the date of delivery. 25. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement which may be signed electronically or transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense.

The person signing this agreement certifies that s/he has been authorized by the Seller to commit the Seller contractual and has been authorized to execute this agreement on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. ESSCOE

CITY OF ELGIN

_______________________ Print Name ______________________________________ Signature ______________________________________ Title

______________________________________ Richard G. Kozal, City Manager ATTEST _______________________________________ City Clerk

F:\Legal Dept\Agreement\Esscoe-Software Maintenance Purchasing Agr-2-19-21.docx

John VanHyfte

Sr. Account Manager

ATTACHMENT A

AGENDA ITEM: Q MEETING DATE: July 28, 2021

ITEM: Amendment Agreement No. 1 with The Will Group for Construction Engineering and Administra-tive Services for the LED Street Light Conversion Program Phase 1 ($46,500) OBJECTIVE: Provide field inspection, design interpretation, contract administration and general coordination and control of the day-to-day construction activities for the Phase 1 LED Street Light Conversion Program. RECOMMENDATION: Enter into Amendment Agreement No. 1 for professional services with The Will Group to provide construction engineering and administrative services in the amount of $46,500. This agreement authorizes the City’s professional services consultant, The Will Group, to oversee the construction and administrative services incorporated within the Phase 1 LED Street Light Conversion Program. Services provided include field inspections, design interpretation, contract administration and project coordination towards the completion and replacement of 2,865 road-way lighting fixtures. This agreement further provides services, based on project design work, LED product selection and proposed lighting levels, towards the receipt of rebate dollars through Com-monwealth Edison’s Energy Efficiency Program for which the City has received a reservation of funds in the amount $418,000. Finally, this agreement provides the framework for The Will Group to reconcile the City’s electric charges with Commonwealth Edison which will reduce energy charges commensurate with updated rates structures in line with the City’s new lighting infra-structure.

BACKGROUND Staff from the department of public works presented the LED Street Light Conversion Program to the city council in 2018 as a highlighted initiative to be included in the 2019 budget document. The city council provided affirmative direction to staff to proceed with design and concept work. The City issued a request for qualifications document in March of 2019 and received responses from ten firms interested in developing the project scope, completing an inventory audit, creat-ing lighting specifications and a recommendation of an LED product to be used within City limits

2

and working with Commonwealth Edison (ComEd) to ensure eligibility and documents were sub-mitted guaranteeing rebate funds for the project were reserved. This project was developed to update aged lighting infrastructure throughout the City but equally if not more importantly, re-duce the City’s energy consumption, carbon footprint and annual lighting expense. The City compiled a diverse group of staff to evaluate responses for the LED upgrade program. Members of staff from the departments of public works, police, ITS, the city manager’s office, engineering and neighborhood services participated in the vendor selection to ensure all aspects of the project would fit the needs of the City. Ultimately, staff determined that The Will Group and their project offerings, background, locale, service level diversity and recent project partnerships, including the City of Chicago’s Smart Light-ing Program offered the City the most scalable and like sized project partner. The Will Group was recently acknowledged by Governor Pritzker and the Department of Com-merce’s Office of Minority Economic Empowerment during a June 2021 ribbon cutting event held at their new manufacturing facility. An excerpt from the Governor’s Office is below and the full press release is attached hereto.

“The Will Group is the recipient of a $500,000 grant from Governor Pritzker and DCEO's Office of Minority Economic Empowerment (OMEE), providing capital support to help mi-nority-owned businesses expand. These grant funds were utilized to develop a new 60,000 SF manufacturing, distribution, and warehousing facility, with plans in place for a second phase of the project. Overall, the project will yield a $20 million investment and 100 local jobs.”

The approved a professional service agreement with The Will Group in 2019 to provide the design work necessary to bring Elgin a lighting project that will suit the needs of the community. Design work was completed in early 2020 and funds were budgeted for phase 1 construction of the pro-ject. The City suspended this project in 2020 when forecasting budget impacts from the Covid-19 pandemic. Funding was reestablished within the 2021 budget and material and labor bids were opened in June 2021. This amendment agreement with The Will Group will allow for a seamless transition from their previously satisfactory design work through the construction oversight and contract administra-tion phase of the project. OPERATIONAL ANALYSIS The City regularly utilizes consulting firms to provide the construction engineering services for capital projects. This agreement allows for required daily inspection, field reporting, record keep-ing, contractor communications and overall project coordination required to construct capital projects. If approved, construction will take place between September and November 2021 while rebate dollar realization and account reconciliation to be completed by early first quarter 2022.

3

INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The proposed agreement contemplates construction engineering and contract administration services in the amount of $46,500 as detailed in the fee estimate contained within the agree-ment. The construction phase and material procurement of this project has been bid and will be pre-sented separately to council for approval. Construction is scheduled to be completed during this construction season. The 2021 adopted budget within the Riverboat Fund provides $1.7 million for the Phase 1 LED Streetlight Conversion Program. Remaining funds will be rolled into 2022 lessening the request for funding for Phase 2 work. BUDGET IMPACT


AMOUNT AVAILABLE

Riverboat 275-0000-791.45-99 340119 $1,700,000 $1,659,725 LEGAL IMPACT Approval of this agreement is an exception to the procurement ordinance and will require ap-proval by two-thirds of the council for acceptance. ALTERNATIVES The city council may choose to not authorize the agreement with The Will Group. City staff could seek additional proposals from other engineering firms, or attempt to perform the inspection in addition to regular duties. Both options would likely delay the completion of the project. NEXT STEPS 1. Execute the amendment agreement with The Will Group.

2. Issue directive to consultant to begin work.

4

Originators: Aaron Neal, Public Works Superintendent Final Review: Debra Nawrocki, Chief Financial Officer


ATTACHMENTS

A. Amendment Agreement No. 1 with The Will Group B. Commonwealth Edison Reservation of Funds C. Press Release – Pritzker Administration Joins The Will Group to Celebrate Opening of the

K-Town Business Center in North Lawndale

Roderick YoungVP Business Development

March 20, 2020

Project Funds Reserved LDSB-310 - City of Elgin - Phase 1 - Street Lights - Elgin

Dear Aaron Neal,

We are pleased to inform you that the ComEd® Energy Efficiency Program has reviewed your pre-approval application and reserved $418,131.00 for this project based on the following description:

As a reminder, your signed project application states that pursuant to Section 16-128B of the Illinois Public Utilities Act, ComEd cannot issue certain incentives or rebates unless it is provided with: 1) certification that measures were self-installed by the ComEd customer, or 2) evidence that the measures were installed by an installer certified by the Illinois Commerce Commission.

Funds will be reserved until 12/31/2020, unless you request and are granted an extension prior to reservation expiration. Only one extension will be granted. If you do not request an extension, and we do not receive your complete final application prior to this date, we may cancel your project. Reserved funds may not be transferred to other projects, facilities or customers.

Please note that a reservation does not guarantee an incentive. The actual incentive amount paid is contingent on the proposed replacement light fixture being DLC listed at the time the final application is received, and will be based on our review of the final application and supporting documentation of equipment installed, and it will be subject to 2020 program year incentives, specifications and requirements.

*Note: " The reviewing Engineer found several fixtures listed as Metal Halide that should have been listed as Pulse Start Metal Halide. In the interests of time, we are preapproving this project with the tracking sheet that was submitted, however we will need these items to be corrected on the final application. The incentive will then decrease roughly 2% as a result of this.”

Street Lights

Public Sector Measures

It is essential that you and your contractor, if applicable, comply with all terms and conditions and ensure that the equipment you install meets the required specifications. Equipment specifications and program terms and conditions can be found in the application and incentive worksheets, which are available at ComEd.com/BizIncentives.

To expedite final application processing, please submit all requested supporting documentation, including the public sector street lights tracking sheet, specified in the application and incentive worksheet(s).

All replaced equipment must be recycled/disposed of according to state, federal and local regulations. Information about State of Illinois requirements can be found at the Illinois Environmental Protection Agency website: http://www.epa.state.il.us/land/citizen- involvement/recycling/.

We appreciate your program participation and the efforts your organization is undertaking to save energy. If you have questions, please call us at (855) 433-2700 or email us at [email protected].

Sincerely,

Ashley Harrington

Senior Energy Efficiency Program Manager ComEd Energy Efficiency Program

http://www.epa.state.il.us/land/citizen-


AGENDA ITEM: R MEETING DATE: July 28, 2021

ITEM: Review of City Council Rules of Procedure (No cost) OBJECTIVE: Review city council rules of procedure as required by City ordinance. RECOMMENDATION: Consideration of city council initiatives to amend city council rules of procedure. City ordinances provide for the city council's review of the council's rules of procedures within sixty days following each city council election. This item is being presented to the council to comply with that ordinance requirement. BACKGROUND Elgin Municipal Code Section 2.08.100 is entitled "Review of Rules of Procedure" and provides that within sixty (60) days following each city council election, the city manager is directed to submit to the city council at a meeting of the city council a copy of Chapter 2.08 for the city council's review and consideration. This item is being presented to the council to comply with this ordinance requirement. Attached is a copy of Elgin Municipal Code Chapter 2.08. Section 2.08.080 thereof provides for the city council's rules of procedure for city council meetings. OPERATIONAL ANALYSIS Staff is not recommending any changes to the city council rules of procedure. The item is being presented to comply with the ordinance requirement and to allow for city council review and consideration. INTERESTED PERSONS CONTACTED None.

2

FINANCIAL ANALYSIS None. BUDGET IMPACT


AMOUNT AVAILABLE

N/A N/A N/A N/A N/A LEGAL IMPACT None. ALTERNATIVES None. City ordinances require staff to submit Elgin Municipal Code Chapter 2.08 to the city coun-cil for review. NEXT STEPS 1. City council review of the Elgin Municipal Code Chapter 2.08.

2. City council to provide direction to staff on any proposed amendments to the city council

rules or other policies affecting the city council.

Originators: William A. Cogley, Corporation Counsel/Chief Development Officer Final Review: Debra Nawrocki, Chief Financial Officer Richard G. Kozal, City Manager

ATTACHMENTS

A. Elgin Municipal Chapter 2.08

AGENDA ITEM: S MEETING DATE: July 28, 2021

ITEM: Contract with the Horton Group for Employee Benefit Consulting Services ($72,000) OBJECTIVE: Award a contract for health, vision, dental and life insurance solicitation and negotiation and support services for employees. RECOMMENDATION: Award a two-year contract with four options to renew Horton services for health, vision, dental and life insurance solicitation and negotiation and support services for employees in the amount of $72,000 per year. The human resources department uses a consultant to analyze and make recommendations on the City’s health, vision, dental and life insurance programs. With the five-year contract of the City’s existing consultant expiring this year, a request for proposals was issued that generated three responses. Given the City’s current satisfaction with the Horton Group and its lower cost proposal, staff is recommending awarding the two-year contract with renewal options to the Hor-ton Group. BACKGROUND The City’s health, vision, dental and life insurance programs are procured through a third-party broker/consultant that also assists human resources staff and employees with benefit insurance issues. These services were awarded to the Horton Group in 2015. Horton’s contract expires this year, so proposals were publicly requested. OPERATIONAL ANALYSIS Three proposals were received from the Horton Group, Gallagher and One Digital and evaluated by members of the human resources and fiscal services departments. One Digital’s proposal was deemed non-responsive to the requirements of the request for proposals.

2

Staff has been extremely satisfied with Horton’s performance. Over the past five years, the aver-age health insurance premium increase has been 1.9 percent a year, while the Pricewaterhouse-Coopers analysis ran an average of six percent increases for the same period. Horton’s successful negotiations with Blue Cross Blue Shield has saved the City hundreds of thousands of dollars. Horton has recommended cost savings ideas, such as adding new enrollment tiers, and bundling Blue Cross Blue Shield voluntary programs, which have lowered premiums without an impact on program design. Horton has been able to creatively work within collective bargaining constraints on program design to shape a program that meets employees’ needs and contract requirements. In its proposal, Horton provided attractive renewal options, dropping the price for years one and two from the current annual rate of $86,520 to $72,000. Pricing for out-years three through six starts at $74,160 and increases year by year until $81,036 for the final year. Gallagher’s proposal demonstrated that they are very qualified to provide the requested services. They have a well-established public sector presence and served as the City’s benefits consultant from 2008 to 2010. Gallagher proposed an annual price of $84,500 for all six years. Given the City’s satisfaction with the Horton Group, and their lower cost proposal, staff is recom-mending awarding the contract to the Horton Group. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The Horton Group has been paid for services through July 31, 2021. The remaining budgeted funds are adequate to cover the amount due the consultant for the remainder of 2021. BUDGET IMPACT


AMOUNT AVAILABLE

Medical Ins 635-0000-796.30-99 N/A $86,520 $36,050 LEGAL IMPACT The request for proposal was posted on the City’s website and published in the April 25, 2021 issue of the Daily Herald. Three timely proposals were received and opened on May 14, 2021. ALTERNATIVES The city council may choose not to award a contract to The Horton Group for health, vision, den-tal and life insurance solicitation and negotiation and support services for employees.

3

NEXT STEPS Execute an agreement with The Horton Group.

Originator: Gail Cohen, Human Resources Director Final Review: Debra Nawrocki, Chief Financial Officer


ATTACHMENTS

A. Tab Sheet for RFP 21-027

Ordinance No. G4-21

AN ORDINANCE ESTABLISHING A PAY AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS

AND EMPLOYEES OF THE CITY OF ELGIN

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 1. That effective January 1, 2021, there is hereby established the following offices and positions and schedule of standard monthly and annual salary ranges for the City's Non-Bargaining Unit Member Group:

Benefit Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

Position Title Group Grade

CORPORATION COUNSEL/CHIEF A 828 $161,769 $169,859 $178,351 $187,270 $196,634 $206,464 $216,788

DEVELOPMENT OFFICER $13,481 $14,155 $14,863 $15,606 $16,386 $17,205 $18,066

(NO POSITIONS IN GRADE) A 827 $154,067 $161,769 $169,859 $178,351 $187,270 $196,634 $206,464

$12,839 $13,481 $14,155 $14,863 $15,606 $16,386 $17,205


$12,228 $12,839 $13,481 $14,155 $14,863 $15,606 $16,386

CHIEF FINANCIAL OFFICER/BUDGET DIRECTOR A 825 $139,743 $146,730 $154,066 $161,769 $169,859 $178,351 $187,270

FIRE CHIEF A $11,645 $12,228 $12,839 $13,481 $14,155 $14,863 $15,606

POLICE CHIEF A

(NO POSITIONS IN GRADE) 824 $133,088 $139,743 $146,730 $154,066 $161,769 $169,859 $178,351

$11,091 $11,645 $12,228 $12,839 $13,481 $14,155 $14,863


$10,563 $11,091 $11,645 $12,228 $12,839 $13,481 $14,155

ASSISTANT CITY MANAGER A 822 $120,714 $126,751 $133,088 $139,743 $146,730 $154,066 $161,769

CHIEF TECHNOLOGY DIRECTOR A $10,060 $10,563 $11,091 $11,645 $12,228 $12,839 $13,481

COMMUNITY DEV DIRECTOR A HUMAN RESOURCES DIRECTOR A

ASSISTANT FIRE CHIEF A 821 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730 $154,066

CITY ENGINEER A $9,581 $10,060 $10,563 $11,091 $11,645 $12,228 $12,839

COMMUNICATIONS DIRECTOR A

2

PARKS AND RECREATION DIRECTOR A POLICE DEPUTY CHIEF A PUBLIC WORKS DIRECTOR WATER DIRECTOR A

DIRECTOR OF NEIGHBORHOOD SERVICES A 820 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730

POLICE COMMANDER A $9,124 $9,581 $10,060 $10,563 $11,091 $11,645 $12,228

BATTALION CHIEF (FIRE) A 890 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730

$9,124 $9,581 $10,060 $10,563 $11,091 $11,645 $12,228

ASSISTANT CORP COUNSEL II B 819 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743 ASSISTANT DIR OF PARKS AND REC II B $8,690 $9,124 $9,581 $10,060 $10,563 $11,091 $11,645 ECONOMIC DEVELOPMENT DIRECTOR A PARKS AND FACILITIES SUPERINTENDENT B PROFESSIONAL STANDARDS OFFICER B

FIRE MARSHAL A 818 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088

$8,276 $8,690 $9,124 $9,581 $10,060 $10,563 $11,091

POLICE LIEUTENANT B 898 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088

$8,276 $8,690 $9,124 $9,581 $10,060 $10,563 $11,091

ASSISTANT DIR OF PARKS AND REC I B 817 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751

BUILDING MAINTENANCE SUPT B $7,882 $8,276 $8,690 $9,124 $9,581 $10,060 $10,563

ENTERPRISE ARCHITECT B FINANCE MANAGER B PUBLIC INFO & COMMUNITY OUTREACH MANAGER B PURCHASING OFFICER B PUBLIC WORKS SUPERINTENDENT B REGULATORY COMPLIANCE MANAGER B SENIOR ENGINEER B SENIOR PLANNER B SUPERINTENDENT OF PARKS & FACILITIES B WATER PLANT SUPERINTENDENT B

ASSISTANT CORP COUNSEL I B 816 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714

ENGINEER II B $7,507 $7,882 $8,276 $8,690 $9,124 $9,581 $10,060

3

GOLF OPERATIONS DIRECTOR B

POLICE SERGEANT B 896 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714

$7,507 $7,882 $8,276 $8,690 $9,124 $9,581 $10,060

BUILDING & DEVELOPMENT MANAGER B 815 $85,791 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966

CITIZEN SERVICES SUPERVISOR B $7,149 $7,507 $7,882 $8,276 $8,690 $9,124 $9,581

CITY CLERK B CULTURAL CENTER DIRECTOR B NEIGHBORHOOD SERVICES MGR II B

ASST BUILDING MAINT SUPERINTENDENT C 814 $81,703 $85,791 $90,080 $94,584 $99,312 $104,278 $109,492

ASST WATER SUPERINTENDENT C $6,809 $7,149 $7,507 $7,882 $8,276 $8,690 $9,124

ENGINEER I C FACILITIES MANAGER - RECREATION C ITS NETWORK MANAGER C ITS SENIOR DATABASE ANALYST C ITS SYSTEM SUPPORT MANAGER C LAND MGMT SUPERVISOR C PUBLIC WORKS SUPERVISOR C RECREATION MANAGER C SENIOR ACCOUNTANT C SENIOR HUMAN RESOURCES ADVISOR C SENIOR MANAGEMENT ANALYST C SR. PUBLIC SAFETY SYSTEMS SPEC. C

FIRE CODE OFFICIAL B 813 $77,814 $81,703 $85,791 $90,080 $94,584 $99,312 $104,278 GOLF COURSE SUPERINTENDENT B $6,484 $6,809 $7,149 $7,507 $7,882 $8,276 $8,690

311 CITIZEN SERVICES MANAGER C 812 $74,109 $77,813 $81,704 $85,791 $90,080 $94,583 $99,312

GIS PLANNER C $6,176 $6,484 $6,809 $7,149 $7,507 $7,882 $8,276

ITS SPECIALIST/DEVELOPER C NEIGHBORHOOD SERVICES MGR I C PUBLIC SAFETY SYSTEMS SPECIALIST C

ACCOUNTANT C 811 $70,579 $74,109 $77,814 $81,703 $85,791 $90,080 $94,583 ACCOUNTANT/PAYROLL ANALYST C $5,882 $6,176 $6,484 $6,809 $7,149 $7,507 $7,882

4

ASSOCIATE PLANNER C ERC FACILITY AND PROGRAMS MANAGER C HISTORIC PRESERVATION PLANNER C PLAN EXAMINER C PUBLIC HEALTH COORDINATOR C PUBLIC SAFETY COMMUNICATIONS - SHIFT SUPERVISOR C VICTIM ASSISTANCE COORDINATOR C

ASST GOLF OPERATIONS DIRECTOR C 810 $67,218 $70,579 $74,109 $77,814 $81,703 $85,791 $90,080

BUSINESS PROCESS ANALYST C $5,601 $5,882 $6,176 $6,484 $6,809 $7,149 $7,507

CHEMIST DEPUTY DIRECTOR OF RECORDS AND EVIDENCE C EXECUTIVE ASSISTANT* C LEGAL SECRETARY/PARALEGAL* C POLICE EXECUTIVE ASSISTANT C RECREATION SOFTWARE SPECIALIST C RISK MANAGEMENT ASSISTANT C SENIOR RECREATION SUPERVISOR - AQUATIC PROGRAMS C SENIOR RECREATION SUPERVISOR - COMMUNITY PROGRAMS C SENIOR RECREATION SUPERVISOR - HEALTH & FITNESS PROGRAMS C SENIOR RECREATION SUPERVISOR – FITNESS MEMBERSHIP C HUMAN RIGHTS AND EQUITY OFFICER C

SUSTAINABILITY AND CLIMATE ANALYST C 809 $64,018 $67,218 $70,579 $74,109 $77,814 $81,703 $85,791

$5,335 $5,601 $5,882 $6,176 $6,484 $6,809 $7,149

CUSTOMER SERVICE SUPERVISOR C 808 $60,969 $64,018 $67,218 $70,579 $74,109 $77,814 $81,703 EARLY CHILDHOOD SUPERVISOR C $5,081 $5,335 $5,601 $5,882 $6,176 $6,484 $6,809 ERC FITNESS AND MEMBERSHIP COORDINATOR C HEMMENS ASST TECHNICAL SUPV C HUMAN RESOURCES ADVISOR C MANAGEMENT ANALYST C

5

PARKING CONTROL SUPERVISOR C SPECIAL EVENTS COORDINATOR C SPORTS COMPLEX ATHLETIC SUPERVISOR C YOUTH/TEEN PROGRAM SUPERVISOR C

ACCOUNTING TECHNICIAN C 807 $58,065 $60,969 $64,018 $67,218 $70,579 $74,109 $77,814

ADJUDICATION SPECIALIST C $4,839 $5,081 $5,335 $5,601 $5,882 $6,176 $6,484 ITS - INFORMATION TECHNOLOGY SPEC C PUB SAFETY PROP/EVIDENCE TECHN C GIS ANALYST C

ADMINISTRATIVE ASSISTANT II* C 806 $55,301 $58,065 $60,969 $64,018 $67,218 $70,579 $74,109

DEPUTY CITY CLERK* C $4,608 $4,839 $5,081 $5,335 $5,601 $5,882 $6,176

LEGAL SECRETARY* C MANAGEMENT FELLOWSHIP C CRIME ANALYST STATISTICIAN C PUBLIC INFORMATION OFFICER C

TECHNICAL SUPERVISOR C

FLEET SERVICE ASSISTANT C 805 $52,670 $55,301 $58,065 $60,969 $64,018 $67,218 $70,579 MENTAL HEALTH PROFESSIONAL C $4,389 $4,608 $4,839 $5,081 $5,335 $5,601 $5,882

ADMINISTRATIVE ASSISTANT I* C 804 $50,161 $52,669 $55,301 $58,065 $60,969 $64,018 $67,218 COMMUNITY OUTREACH SPECIALIST C $4,180 $4,389 $4,608 $4,839 $5,081 $5,335 $5,601

CONTENT DEVELOPER

COMMUNITY RESOURCE COORDINATOR C 803 $47,770 $50,161 $52,669 $55,301 $58,065 $60,969 $64,017

ERC OFFICE MANAGER C $3,981 $4,180 $4,389 $4,608 $4,839 $5,081 $5,335

ERC FACILITY SUPERVISOR C

LICENSED ENV. HEALTH PROFESSIONAL IN TRAINING C 802 $45,495 $47,770 $50,161 $52,669 $55,301 $58,065 $60,969

$3,791 $3,981 $4,180 $4,389 $4,608 $4,839 $5,081

STEM FELLOWSHIP C 801 $43,329 $45,495 $47,770 $50,161 $52,670 $55,301 $58,065

$3,611 $3,791 $3,981 $4,180 $4,389 $4,608 $4,839

*(Confidential position) Section 2. That the following benefit program is hereby established:

6

Group A 1) Vacation - 1 to 9 years of service - 3 weeks

10 years to 21 years of service - 4 weeks 22 or more years of service - 5 weeks

The city manager in the city manager’s discretion may also consider and include up to nine (9) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to nine (9) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range.

The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended.

2) Sick Leave - For employees hired prior to March 1, 2010, sixty (60) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, thirty (30) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of any undesignated holidays shall also be received by fire shift personnel. 5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 6) Fire Battalion Chiefs - Fire Battalion Chiefs shall be paid at their current hourly rate of pay at straight time for hours worked filling a vacant shift position on a scheduled day off which otherwise would have been filled by overtime. This provision shall relate only to shift positions only and not any other duties.

7

7) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Group B 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 10 years of service - 3 weeks 11 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave - For employees hired prior to March 1, 2010, thirty (30) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, twenty (20) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive additional eight (8) hours holiday pay at their straight-time hourly rate whether the holiday is worked or not. 5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty.

8

6) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Lieutenants and Police Sergeants shall be paid at a rate equivalent to 150% of their current hourly rate of pay for hours worked over 8.25 hours per day. Police Lieutenants and Police Sergeants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours. 7) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Group C 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 years of service - 3 weeks 12 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave - For employees hired prior to March 1, 2010, fifteen (15) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, fifteen (15) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary.

9

4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. 5) Personal Days - Three (3) personal days shall be provided per year. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year.

Police Management Sick Leave Bonus - All police management employees on the active payroll as of the beginning of a payroll year, shall have established a $240 sick leave occurrence bank. For each 8 hours of sick leave used during a payroll year, $40.00 shall be deducted from the employee’s individual sick leave bonus bank. Employees on the payroll at the end of the payroll year shall receive a voucher payment equal to the balance remaining in their individual sick leave bonus bank. Police Management Sick Leave Conversion - Police management employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is equivalent to a maximum of 1,928 hours of sick leave time. In recognition of non-use of sick leave time, police management employees shall be eligible for a severance sick leave conversion payment upon separation from employment. Such severance payment shall be equivalent to twenty-five percent (25%) of the value of the employee's accumulated and unused sick leave as of the effective date of the employee's separation from employment, and shall be paid to the employee in a lump sum, minus any applicable deductions. For the purposes of this section, the employee's hourly wage shall be equivalent to the employee's hourly wage rate inclusive of annual longevity pay paid to the employee, if any. Police Management Voluntary Fitness Program - Police management personnel shall be eligible to participate in the police department's voluntary physical fitness program under the same terms and conditions provided for other police department employees. Police Language Proficiency Stipend - Police management employees who are certified by the City or a third party selected by the City to be proficient in Spanish, Laotian or sign language shall be paid a stipend of $50 per month. Medical Insurance for Groups A, B, and C - Comprehensive major medical insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage options. Notwithstanding the foregoing, employees hired on or after January 1, 2018, shall not be eligible to participate in the so-called PPO or HCA group medical insurance plans, and such employees shall be limited to participating in the Health Maintenance Organization (HMO) or the High Deductible Health Plan (HDHP)/Health Savings Account Plan (HSA). Effective March 1, 2010, for employees hired prior to March 1, 2010, the City will pay 85% of the specified premium for the coverage selected (i.e., single, single plus children, single plus spouse, or family) and the employee will pay via payroll deduction the remaining 15% of the specified premium. Effective March 1, 2010, for employees hired on or after March 1, 2010, the City will pay 80% of the specified premium for the coverage

10

selected (i.e., single, single plus children, single plus spouse, or family) and the employee will pay via payroll deduction the remaining 20% of the specified premium. Notwithstanding anything to the contrary in Ordinance G70-02, as amended, employees hired on or after March 1, 2010, shall not be eligible to continue to participate in the City’s group health insurance plan pursuant to Ordinance No. G70-02, as amended. Employees who have alternative health insurance coverage may elect to discontinue to participate in the City’s health insurance plan pursuant to the City’s health insurance opt out program adopted pursuant to Resolution No. 05-38, as amended by Resolution No. 09-24. The opt out benefit to such employees shall be in the annual amount of $3,000 prorated based upon employment with the city during the applicable plan year and shall be paid at the employee’s option either to a Health Reimbursement Account or in the form of additional compensation to the employee to be paid in a lump sum, less appropriate deductions, on December 1 in the applicable plan year. An employee hired prior to March 1, 2010, who provides the City with a written commitment to opt for coverage under the City's Health Maintenance Organization (HMO) Plan for a four (4) year period on a form provided by the City shall receive a one-time payment of $1,000. In the event of any such employee fails to fulfil or otherwise breaches said aforementioned four (4) year written commitment, such employee shall agree to refund the aforementioned $1,000 to the City via payroll deduction. Vacation and Sick Leave Buy Back for Groups A, B, and C - Effective January 1, 2010, an employee determined by the City Manager in the City Manager’s sole and exclusive discretion to be outstanding and deserving of a performance reward may sell back to the City at the employee’s then current salary rate up to five (5) accrued and unused vacation days each calendar year and up to five (5) accrued and unused sick days each calendar year. The determination by the City Manager as to whether any employee qualifies for such vacation and/or sick leave buy back and the amount thereof shall be in the sole and exclusive discretion of the City Manager and shall not be subject to any review, appeal, grievance and/or arbitration procedures. 401 (a) Plan for Groups A, B, and C - Effective March 14, 2010, the City’s deferred compensation program (under Section 401(a) of the U.S. Tax Code) for all non-contract (Management Group) employees, whereby the City contributed 4% against a 2% or higher (maximum 10%) matching contribution by the employee into the program, shall be terminated. Longevity Pay for Groups A, B, and C - Effective March 14, 2010, employees hired prior to January 1, 2010, shall receive as additional earnings annual longevity pay in the amount of an additional 4% of the employee’s annual salary. Longevity pay shall be paid to employees in installments with each payroll. Employees hired on or after March 1, 2010, shall not be eligible for or receive longevity pay. Sick Leave Conversion For Vacation Leave - Accrued sick leave over 480 hours (60 days) (or over 720 hours (60-12 hour days) for fire shift employees) may be converted at the rate of three (3) days of sick leave for one (1) day of vacation leave. Such conversion is limited to a maximum of five (5) days of vacation leave (or 12-12 hour periods for fire shift employees) in any one calendar year. The minimum balance of sick leave after such conversion shall not be less than 60 days.

11

Sick Leave Conversion for Severance Pay - Upon retirement or leaving city employment in good standing, employees may be eligible to convert accrued sick leave for severance pay. An employee with accrued sick leave of more than 720 hours (90) days (or 1,080 hours (90-12 hour days) for fire shift employees) may convert up to a maximum of 20 days or 160 hours of sick leave for severance pay (240 hours for fire shift employees), as long as the remaining balance of accrued sick leave does not total less than 90 days of accrued sick leave. Such conversion shall be at the rate of three (3) days of sick leave for one (1) day of severance pay. Accrued sick leave applied by an employee for IMRF service credit shall not be eligible for sick leave conversion for severance pay. The provisions of this section shall not apply to police management employees. Adjustment of Pay Grades Within Groups A, B and C - The City Manager, in the City Manager’s discretion, may either increase or decrease the pay grades for positions within the non-bargaining unit member group based upon the completion of periodic salary or market surveys. Such adjustments shall be limited to movement within the A, B and C benefit group classifications and shall not exceed the maximum amount of compensation within the benefit group as established by the City Council in the most recent ordinance establishing the pay and benefit plans for the non-bargaining unit member group. Such adjustments of pay grades by the City Manager shall be identified in the subsequent ordinance to be adopted by the City Council establishing a pay and benefit plan for the non-bargaining unit member group. Section 3. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2021, upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 13, 2021 Passed: January 13, 2021 Vote: Yeas: 9 Nays: 0 Recorded: January 13, 2021 Published: January 14, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk

AGENDA ITEM: T MEETING DATE: July 28, 2021

ITEM: Revisions to the Management/Non-Bargaining Unit Pay Plan (No cost) OBJECTIVE: Update the management pay plan to reflect elimination of positions and addition of others. RECOMMENDATION: Approve the amended management pay plan. The City typically updates its pay plans annually in December to coincide with adoption of the next year’s budget. Unexpected changes in the City’s workforce since the start of 2021 fiscal year have prompted elimination of some positions and the creation of others. This mid-year pay plan update provides an accurate representation of management positions and salaries. BACKGROUND The first half of the 2021 fiscal has seen several management retirements as well as layoffs and closing of a City facility. These changes are sufficiently numerous to justify a mid-year update to the management/non-bargaining unit pay plan. The City typically updates the pay plans annually in December to coincide with adoption of the next year’s budget and to include a cost-of-living adjustment (COLA) increase if any. This update does not include any COLA increase or change to compensation but updates the list of management positions. OPERATIONAL ANALYSIS The amendments to the management/non-bargaining unit pay plan relate to several new pay grades and new positions as well as elimination of positions. The changes are summarized as follows:

1. The professional standards officer (pay grade 819) position is being removed with the retirement of the incumbent.

2. The enterprise architect (pay grade 817) position is being removed. This position was eliminated in January.

2

3. The position of senior recreation supervisor, health and fitness program (pay grade

810) is being removed. This position was eliminated in January. 4. The Hemmens assistant technical supervisor (pay grade 808) position is being re-

moved. This position was eliminated in January.

5. New positions of crime analyst statistician and public information officer (both pay grade 806) are being added. These positions are being created with the retirement of the public information and community outreach manager (pay grade 817).

6. The public Information and community outreach manager (pay grade 817) position is

being removed following the incumbent’s retiring earlier this year. As noted above, the position is being divided into two positions: public information officer and crime analyst statistician position, both at pay grade 806.

7. A new position of sports complex athletic supervisor (pay grade 808) is being added.

This position is being created following the sports complex coordinator’s resignation in April.

8. A new position of technical supervisor (pay grade 806) is being added.

INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS All new positions were created with existing 2021 funds. BUDGET IMPACT


AMOUNT AVAILABLE

General Fund Various n/a n/a n/a LEGAL IMPACT None.

3

ALTERNATIVES The city council may wait until the end of the year to approve changes to the management/non-bargaining unit pay plan. NEXT STEPS Approve the management/non-bargaining unit pay plan as amended.

Originators: Gail Cohen, Human Resources Director Final Review: Debra Nawrocki, Chief Financial Officer


ATTACHMENTS

A. Management Pay Plan (Redlined)

Ordinance No. G4-21

AN ORDINANCE ESTABLISHING A PAY AND BENEFIT PLAN FOR CERTAIN APPOINTED OFFICERS

AND EMPLOYEES OF THE CITY OF ELGIN

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 1. That effective January 1, 2021, there is hereby established the following offices and positions and schedule of standard monthly and annual salary ranges for the City's Non-Bargaining Unit Member Group:

Benefit Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

Position Title Group Grade

CORPORATION COUNSEL/CHIEF A 828 $161,769 $169,859 $178,351 $187,270 $196,634 $206,464 $216,788

DEVELOPMENT OFFICER $13,481 $14,155 $14,863 $15,606 $16,386 $17,205 $18,066


$12,839 $13,481 $14,155 $14,863 $15,606 $16,386 $17,205


$12,228 $12,839 $13,481 $14,155 $14,863 $15,606 $16,386

CHIEF FINANCIAL OFFICER/BUDGET DIRECTOR A 825 $139,743 $146,730 $154,066 $161,769 $169,859 $178,351 $187,270

FIRE CHIEF A $11,645 $12,228 $12,839 $13,481 $14,155 $14,863 $15,606

POLICE CHIEF A

(NO POSITIONS IN GRADE) 824 $133,088 $139,743 $146,730 $154,066 $161,769 $169,859 $178,351

$11,091 $11,645 $12,228 $12,839 $13,481 $14,155 $14,863


$10,563 $11,091 $11,645 $12,228 $12,839 $13,481 $14,155

ASSISTANT CITY MANAGER A 822 $120,714 $126,751 $133,088 $139,743 $146,730 $154,066 $161,769

CHIEF TECHNOLOGY DIRECTOR A $10,060 $10,563 $11,091 $11,645 $12,228 $12,839 $13,481

COMMUNITY DEV DIRECTOR A HUMAN RESOURCES DIRECTOR A

ASSISTANT FIRE CHIEF A 821 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730 $154,066

CITY ENGINEER A $9,581 $10,060 $10,563 $11,091 $11,645 $12,228 $12,839

COMMUNICATIONS DIRECTOR A

2

PARKS AND RECREATION DIRECTOR A POLICE DEPUTY CHIEF A PUBLIC WORKS DIRECTOR WATER DIRECTOR A

DIRECTOR OF NEIGHBORHOOD SERVICES A 820 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730

POLICE COMMANDER A $9,124 $9,581 $10,060 $10,563 $11,091 $11,645 $12,228

BATTALION CHIEF (FIRE) A 890 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743 $146,730

$9,124 $9,581 $10,060 $10,563 $11,091 $11,645 $12,228

ASSISTANT CORP COUNSEL II B 819 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088 $139,743 ASSISTANT DIR OF PARKS AND REC II B $8,690 $9,124 $9,581 $10,060 $10,563 $11,091 $11,645 ECONOMIC DEVELOPMENT DIRECTOR A PARKS AND FACILITIES SUPERINTENDENT B PROFESSIONAL STANDARDS OFFICER B

FIRE MARSHAL A 818 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088

$8,276 $8,690 $9,124 $9,581 $10,060 $10,563 $11,091

POLICE LIEUTENANT B 898 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751 $133,088

$8,276 $8,690 $9,124 $9,581 $10,060 $10,563 $11,091

ASSISTANT DIR OF PARKS AND REC I B 817 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714 $126,751

BUILDING MAINTENANCE SUPT B $7,882 $8,276 $8,690 $9,124 $9,581 $10,060 $10,563

ENTERPRISE ARCHITECT B FINANCE MANAGER B PUBLIC INFO & COMMUNITY OUTREACH MANAGER B PURCHASING OFFICER B PUBLIC WORKS SUPERINTENDENT B REGULATORY COMPLIANCE MANAGER B SENIOR ENGINEER B SENIOR PLANNER B SUPERINTENDENT OF PARKS & FACILITIES B WATER PLANT SUPERINTENDENT B

ASSISTANT CORP COUNSEL I B 816 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714

ENGINEER II B $7,507 $7,882 $8,276 $8,690 $9,124 $9,581 $10,060

3

GOLF OPERATIONS DIRECTOR B

POLICE SERGEANT B 896 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966 $120,714

$7,507 $7,882 $8,276 $8,690 $9,124 $9,581 $10,060

BUILDING & DEVELOPMENT MANAGER B 815 $85,791 $90,080 $94,584 $99,312 $104,278 $109,492 $114,966

CITIZEN SERVICES SUPERVISOR B $7,149 $7,507 $7,882 $8,276 $8,690 $9,124 $9,581

CITY CLERK B CULTURAL CENTER DIRECTOR B NEIGHBORHOOD SERVICES MGR II B

ASST BUILDING MAINT SUPERINTENDENT C 814 $81,703 $85,791 $90,080 $94,584 $99,312 $104,278 $109,492

ASST WATER SUPERINTENDENT C $6,809 $7,149 $7,507 $7,882 $8,276 $8,690 $9,124

ENGINEER I C FACILITIES MANAGER - RECREATION C ITS NETWORK MANAGER C ITS SENIOR DATABASE ANALYST C ITS SYSTEM SUPPORT MANAGER C LAND MGMT SUPERVISOR C PUBLIC WORKS SUPERVISOR C RECREATION MANAGER C SENIOR ACCOUNTANT C SENIOR HUMAN RESOURCES ADVISOR C SENIOR MANAGEMENT ANALYST C SR. PUBLIC SAFETY SYSTEMS SPEC. C

FIRE CODE OFFICIAL B 813 $77,814 $81,703 $85,791 $90,080 $94,584 $99,312 $104,278 GOLF COURSE SUPERINTENDENT B $6,484 $6,809 $7,149 $7,507 $7,882 $8,276 $8,690

311 CITIZEN SERVICES MANAGER C 812 $74,109 $77,813 $81,704 $85,791 $90,080 $94,583 $99,312

GIS PLANNER C $6,176 $6,484 $6,809 $7,149 $7,507 $7,882 $8,276

ITS SPECIALIST/DEVELOPER C NEIGHBORHOOD SERVICES MGR I C PUBLIC SAFETY SYSTEMS SPECIALIST C

ACCOUNTANT C 811 $70,579 $74,109 $77,814 $81,703 $85,791 $90,080 $94,583 ACCOUNTANT/PAYROLL ANALYST C $5,882 $6,176 $6,484 $6,809 $7,149 $7,507 $7,882

4

ASSOCIATE PLANNER C ERC FACILITY AND PROGRAMS MANAGER C HISTORIC PRESERVATION PLANNER C PLAN EXAMINER C PUBLIC HEALTH COORDINATOR C PUBLIC SAFETY COMMUNICATIONS - SHIFT SUPERVISOR C VICTIM ASSISTANCE COORDINATOR C

ASST GOLF OPERATIONS DIRECTOR C 810 $67,218 $70,579 $74,109 $77,814 $81,703 $85,791 $90,080

BUSINESS PROCESS ANALYST C $5,601 $5,882 $6,176 $6,484 $6,809 $7,149 $7,507

CHEMIST DEPUTY DIRECTOR OF RECORDS AND EVIDENCE C EXECUTIVE ASSISTANT* C LEGAL SECRETARY/PARALEGAL* C POLICE EXECUTIVE ASSISTANT C RECREATION SOFTWARE SPECIALIST C RISK MANAGEMENT ASSISTANT C SENIOR RECREATION SUPERVISOR - AQUATIC PROGRAMS C SENIOR RECREATION SUPERVISOR - COMMUNITY PROGRAMS C SENIOR RECREATION SUPERVISOR - HEALTH & FITNESS PROGRAMS C SENIOR RECREATION SUPERVISOR – FITNESS MEMBERSHIP C HUMAN RIGHTS AND EQUITY OFFICER C

SUSTAINABILITY AND CLIMATE ANALYST C 809 $64,018 $67,218 $70,579 $74,109 $77,814 $81,703 $85,791

$5,335 $5,601 $5,882 $6,176 $6,484 $6,809 $7,149

CUSTOMER SERVICE SUPERVISOR C 808 $60,969 $64,018 $67,218 $70,579 $74,109 $77,814 $81,703 EARLY CHILDHOOD SUPERVISOR C $5,081 $5,335 $5,601 $5,882 $6,176 $6,484 $6,809 ERC FITNESS AND MEMBERSHIP COORDINATOR C HEMMENS ASST TECHNICAL SUPV C HUMAN RESOURCES ADVISOR C MANAGEMENT ANALYST C

5

PARKING CONTROL SUPERVISOR C SPECIAL EVENTS COORDINATOR C YOUTH/TEEN PROGRAM SUPERVISOR C

ACCOUNTING TECHNICIAN C 807 $58,065 $60,969 $64,018 $67,218 $70,579 $74,109 $77,814

ADJUDICATION SPECIALIST C $4,839 $5,081 $5,335 $5,601 $5,882 $6,176 $6,484 ITS - INFORMATION TECHNOLOGY SPEC C PUB SAFETY PROP/EVIDENCE TECHN C GIS ANALYST C

ADMINISTRATIVE ASSISTANT II* C 806 $55,301 $58,065 $60,969 $64,018 $67,218 $70,579 $74,109

DEPUTY CITY CLERK* C $4,608 $4,839 $5,081 $5,335 $5,601 $5,882 $6,176

LEGAL SECRETARY* C MANAGEMENT FELLOWSHIP C CRIME ANALYST STATISTICIAN C PUBLIC INFORMATION OFFICER C

TECHNICAL SUPERVISOR C

FLEET SERVICE ASSISTANT C 805 $52,670 $55,301 $58,065 $60,969 $64,018 $67,218 $70,579 MENTAL HEALTH PROFESSIONAL C $4,389 $4,608 $4,839 $5,081 $5,335 $5,601 $5,882

ADMINISTRATIVE ASSISTANT I* C 804 $50,161 $52,669 $55,301 $58,065 $60,969 $64,018 $67,218 COMMUNITY OUTREACH SPECIALIST C $4,180 $4,389 $4,608 $4,839 $5,081 $5,335 $5,601

CONTENT DEVELOPER

COMMUNITY RESOURCE COORDINATOR C 803 $47,770 $50,161 $52,669 $55,301 $58,065 $60,969 $64,017

ERC OFFICE MANAGER C $3,981 $4,180 $4,389 $4,608 $4,839 $5,081 $5,335

ERC FACILITY SUPERVISOR C

LICENSED ENV. HEALTH PROFESSIONAL IN TRAINING C 802 $45,495 $47,770 $50,161 $52,669 $55,301 $58,065 $60,969

$3,791 $3,981 $4,180 $4,389 $4,608 $4,839 $5,081

STEM FELLOWSHIP C 801 $43,329 $45,495 $47,770 $50,161 $52,670 $55,301 $58,065

$3,611 $3,791 $3,981 $4,180 $4,389 $4,608 $4,839

*(Confidential position) Section 2. That the following benefit program is hereby established: Group A

6

1) Vacation - 1 to 9 years of service - 3 weeks 10 years to 21 years of service - 4 weeks 22 or more years of service - 5 weeks

The city manager in the city manager’s discretion may also consider and include up to nine (9) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to nine (9) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range.

The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended.

2) Sick Leave - For employees hired prior to March 1, 2010, sixty (60) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, thirty (30) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of any undesignated holidays shall also be received by fire shift personnel. 5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 6) Fire Battalion Chiefs - Fire Battalion Chiefs shall be paid at their current hourly rate of pay at straight time for hours worked filling a vacant shift position on a scheduled day off which otherwise would have been filled by overtime. This provision shall relate only to shift positions only and not any other duties. 7) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing

7

employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Group B 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 10 years of service - 3 weeks 11 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave - For employees hired prior to March 1, 2010, thirty (30) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, twenty (20) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive additional eight (8) hours holiday pay at their straight-time hourly rate whether the holiday is worked or not. 5) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 6) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Lieutenants and Police Sergeants shall be paid at a rate equivalent to 150% of their current

8

hourly rate of pay for hours worked over 8.25 hours per day. Police Lieutenants and Police Sergeants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours. 7) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3) personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year. Group C 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 years of service - 3 weeks 12 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation at initial hire. If an employee is granted vacation accrual in a higher range than one (1) to five (5) years of service, he or she shall not advance to the next range until he or she has attained the required number of years of service with the city for such range. The accumulation of vacation leave shall be limited as provided by Ordinance No. S11-09, as amended. 2) Sick Leave - For employees hired prior to March 1, 2010, fifteen (15) days placed on account upon commencement of employment plus annual accrual of one day (8 hours) per month. For employees hired on or after March 1, 2010, fifteen (15) days placed on account when commencing employment, plus annual accrual of .5 days (4 hours) per month. Employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is the equivalent of 1928 hours of sick leave. 3) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 4) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. 5) Personal Days - Three (3) personal days shall be provided per year. Employees commencing employment between January 1 and June 30 in a year shall receive all three (3)

9

personal days for such year. Employees commencing employment between July 1 and December 31 in a year shall receive one (1) personal day for such year.

Police Management Sick Leave Bonus - All police management employees on the active payroll as of the beginning of a payroll year, shall have established a $240 sick leave occurrence bank. For each 8 hours of sick leave used during a payroll year, $40.00 shall be deducted from the employee’s individual sick leave bonus bank. Employees on the payroll at the end of the payroll year shall receive a voucher payment equal to the balance remaining in their individual sick leave bonus bank. Police Management Sick Leave Conversion - Police management employees may accumulate sick leave up to a total maximum accrual of 241 sick days, which is equivalent to a maximum of 1,928 hours of sick leave time. In recognition of non-use of sick leave time, police management employees shall be eligible for a severance sick leave conversion payment upon separation from employment. Such severance payment shall be equivalent to twenty-five percent (25%) of the value of the employee's accumulated and unused sick leave as of the effective date of the employee's separation from employment, and shall be paid to the employee in a lump sum, minus any applicable deductions. For the purposes of this section, the employee's hourly wage shall be equivalent to the employee's hourly wage rate inclusive of annual longevity pay paid to the employee, if any. Police Management Voluntary Fitness Program - Police management personnel shall be eligible to participate in the police department's voluntary physical fitness program under the same terms and conditions provided for other police department employees. Police Language Proficiency Stipend - Police management employees who are certified by the City or a third party selected by the City to be proficient in Spanish, Laotian or sign language shall be paid a stipend of $50 per month. Medical Insurance for Groups A, B, and C - Comprehensive major medical insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage options. Notwithstanding the foregoing, employees hired on or after January 1, 2018, shall not be eligible to participate in the so-called PPO or HCA group medical insurance plans, and such employees shall be limited to participating in the Health Maintenance Organization (HMO) or the High Deductible Health Plan (HDHP)/Health Savings Account Plan (HSA). Effective March 1, 2010, for employees hired prior to March 1, 2010, the City will pay 85% of the specified premium for the coverage selected (i.e., single, single plus children, single plus spouse, or family) and the employee will pay via payroll deduction the remaining 15% of the specified premium. Effective March 1, 2010, for employees hired on or after March 1, 2010, the City will pay 80% of the specified premium for the coverage selected (i.e., single, single plus children, single plus spouse, or family) and the employee will pay via payroll deduction the remaining 20% of the specified premium. Notwithstanding anything to the contrary in Ordinance G70-02, as amended, employees hired on or after March 1, 2010, shall not be eligible to continue to participate in the City’s group health insurance plan pursuant to Ordinance No. G70-02, as amended. Employees who have alternative health insurance coverage may elect to discontinue to participate in the City’s health insurance plan pursuant to the City’s

10

health insurance opt out program adopted pursuant to Resolution No. 05-38, as amended by Resolution No. 09-24. The opt out benefit to such employees shall be in the annual amount of $3,000 prorated based upon employment with the city during the applicable plan year and shall be paid at the employee’s option either to a Health Reimbursement Account or in the form of additional compensation to the employee to be paid in a lump sum, less appropriate deductions, on December 1 in the applicable plan year. An employee hired prior to March 1, 2010, who provides the City with a written commitment to opt for coverage under the City's Health Maintenance Organization (HMO) Plan for a four (4) year period on a form provided by the City shall receive a one-time payment of $1,000. In the event of any such employee fails to fulfil or otherwise breaches said aforementioned four (4) year written commitment, such employee shall agree to refund the aforementioned $1,000 to the City via payroll deduction. Vacation and Sick Leave Buy Back for Groups A, B, and C - Effective January 1, 2010, an employee determined by the City Manager in the City Manager’s sole and exclusive discretion to be outstanding and deserving of a performance reward may sell back to the City at the employee’s then current salary rate up to five (5) accrued and unused vacation days each calendar year and up to five (5) accrued and unused sick days each calendar year. The determination by the City Manager as to whether any employee qualifies for such vacation and/or sick leave buy back and the amount thereof shall be in the sole and exclusive discretion of the City Manager and shall not be subject to any review, appeal, grievance and/or arbitration procedures. 401 (a) Plan for Groups A, B, and C - Effective March 14, 2010, the City’s deferred compensation program (under Section 401(a) of the U.S. Tax Code) for all non-contract (Management Group) employees, whereby the City contributed 4% against a 2% or higher (maximum 10%) matching contribution by the employee into the program, shall be terminated. Longevity Pay for Groups A, B, and C - Effective March 14, 2010, employees hired prior to January 1, 2010, shall receive as additional earnings annual longevity pay in the amount of an additional 4% of the employee’s annual salary. Longevity pay shall be paid to employees in installments with each payroll. Employees hired on or after March 1, 2010, shall not be eligible for or receive longevity pay. Sick Leave Conversion For Vacation Leave - Accrued sick leave over 480 hours (60 days) (or over 720 hours (60-12 hour days) for fire shift employees) may be converted at the rate of three (3) days of sick leave for one (1) day of vacation leave. Such conversion is limited to a maximum of five (5) days of vacation leave (or 12-12 hour periods for fire shift employees) in any one calendar year. The minimum balance of sick leave after such conversion shall not be less than 60 days. Sick Leave Conversion for Severance Pay - Upon retirement or leaving city employment in good standing, employees may be eligible to convert accrued sick leave for severance pay. An employee with accrued sick leave of more than 720 hours (90) days (or 1,080 hours (90-12 hour days) for fire shift employees) may convert up to a maximum of 20 days or 160 hours of sick leave for severance pay (240 hours for fire shift employees), as long as the remaining balance of accrued sick leave does not total less than 90 days of accrued sick leave. Such conversion shall be at the rate of three (3) days of sick leave for one (1) day of severance pay. Accrued sick leave applied

11

by an employee for IMRF service credit shall not be eligible for sick leave conversion for severance pay. The provisions of this section shall not apply to police management employees. Adjustment of Pay Grades Within Groups A, B and C - The City Manager, in the City Manager’s discretion, may either increase or decrease the pay grades for positions within the non-bargaining unit member group based upon the completion of periodic salary or market surveys. Such adjustments shall be limited to movement within the A, B and C benefit group classifications and shall not exceed the maximum amount of compensation within the benefit group as established by the City Council in the most recent ordinance establishing the pay and benefit plans for the non-bargaining unit member group. Such adjustments of pay grades by the City Manager shall be identified in the subsequent ordinance to be adopted by the City Council establishing a pay and benefit plan for the non-bargaining unit member group. Section 3. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2021, upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 13, 2021 Passed: January 13, 2021 Vote: Yeas: 9 Nays: 0 Recorded: January 13, 2021 Published: January 14, 2021 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk

AGENDA ITEM: U MEETING DATE: July 28, 2021

ITEM: Cul-de-Sac Parking Regulations for Various Streets within the City (No cost) OBJECTIVE: Approve parking regulations on several cul-de-sacs to enhance service delivery. RECOMMENDATION: Formally adopt parking regulations for various cul-de-sacs throughout Elgin. Responding to community requests, staff instituted trial parking regulations for several cul-de-sacs to enhance service delivery and reduce unneighborly dispute. The trial regulations were im-plemented in cul-de-sacs on both the east and west sides of the City. Staff is recommending en-acting regulations permanently for select cul-de-sacs as there were positive service delivery im-pacts and a majority of residents surveyed support the initiative. BACKGROUND The traffic and parking committee is a multi-departmental committee that discusses traffic, park-ing and neighborhood issues. The committee consists of members from the city manager’s office, neighborhood services, code, public works and the police department’s traffic division. The com-mittee will often implement parking trials to test the effectiveness of regulations. If successful and requiring codification, the committee recommends a course of action to the city council. The City regularly receives complaints from residents and its waste hauler that due to parked vehicles on cul-de-sacs, services cannot occur. This leads to frustrated residents and impacts the quality of life for those that live on cul-de-sacs. Sometimes these issues are addressed by asking the waste drivers to return to the address later in the day or the next day. However, this cannot always be accommodated. Wintery weather further exacerbates collection abilities.

2

The City’s traffic and parking committee attempts to resolve issues without formal regulations. To that end, in December 2019, a letter was sent to the nearly 3,000 households that live on a cul-de-sac. The bilingual letter was informational and urged residents to be mindful that snow plowing, gar-bage collection, mail delivery and emergency services can be negatively impacted by vehicles parked on both sides of the street. The letter included an image to illustrate how to comply with existing parking requirements for street width. Following the letter, staff continued to receive inquiries about the potential of implementing permanent regulations that might assist in keeping the streets clear. Upon review of the inquiries and on-going issues, the most problematic cul-de-sacs and courts were identified. OPERATIONAL ANALYSIS Initially, roughly 2,800 addresses received the educational letter. Of that group, ten percent of the addresses were on streets that are the most problematic and continue to see service delivery issues. Instead of moving forward with regulations that might affect all residents on cul-de-sacs, staff is recommending applying regulations to individual cul-de-sacs. This item concerns the first group of eight cul-de-sacs and courts (299 addresses) that will be subject to on-street parking restrictions. However, if approved, staff will apply the same resolution to other cul-de-sacs if ed-ucation and enforcement continues fail to resolve the issue. The trial included the following cul-de-sacs and courts:

Cul-de-sac Side Affected by Proposed Regulations

Chesapeake Bay North side of the street, including the entire roundabout

Highbury Drive East side of the street, including the entire roundabout

Representative examples of cul-de-sacs with service delivery issues caused by parked vehicles.

3

Joslyn Drive East side of the street, including the entire roundabout

Mission Hills Drive Both sides of the roundabout/bump outs

Pebble Beach Circle Both sides of the roundabout

Robin Ridge Court East side of the street, including the entire roundabout

Sawgrass Court South side, including the entire roundabout

Village Court East side of the street, including the entire roundabout

When determining which side of the street to restrict, staff selected the side of the street that had the least parking availability. This was done to lessen the impact of the regulations while still achieving the desired results. In all courts, however, the entire roundabout portion is being re-stricted as that is the area most often contributing to the issue. The initial group of cul-de-sacs were notified that they would be part of a parking trial from No-vember 16, 2020 through March 31, 2021. During the trial, parking control officers issued 157 warning tickets to educate residents about what enforcement would result in should the trial regulations be permanent. Of the warning tickets issued, 83 percent originated from Highbury and Joslyn Drives. Trial Results

4

Trial results were promising. During the months of the trial, a decrease in complaints about missed collections were received. Only one month, March of 2021, saw zero complaints, how-ever. The City’s service providers, both Waste Management and public services, noted that there was an improved ability to service the cul-de-sacs. During the trial, it was noted that as a concession, the City might consider allowing residents to park across the sidewalk overnight. This feedback is being recommended. This will allow more vehicles to use their driveway overnight and into the early morning hours when services are more likely to occur. As with all parking trials, feedback was collected throughout the trial and documented by a post-trial survey. Of the approximately 299 surveys sent, 111 were returned (37 percent). Non-respon-sive households are generally considered ambivalent to either decision. Results of the returned surveys showed support for the regulations, with 60 residents (54 percent) responding in support of the regulations and 50 responding not in support (46 percent). One resident responded with neither preference marked. While these results generally indicate support, each cul-de-sac was reviewed individually. Results separated by cul-de-sac are separated below.

Cul-de-sac Yes No Percent Support Recommend Restrictions

Highbury 20 11 65% Yes

Mission Hills 2 4 33% No Chesapeake 5 3 63% Yes Village Court 2 2 50% Yes

Joslyn 14 19 42% Yes Robin Ridge 6 5 55% Yes

Pebble Beach 8 0 100% Yes Sawgrass 1 6 14% No

The table above highlights the cul-de-sacs that staff is recommending moving forward with park-ing regulations. However, based on the feedback during the trial, the regulations will be adjusted to better accommodate resident needs. Instead of restricting parking on the side of the street at all times, staff is recommending restrict-ing parking from 8 p.m. to 8 a.m. overnight and at all times on refuse collection days. This revised restriction will largely accomplish the need to garbage collection and maintaining clear streets overnight for services such as snow plowing or emergency vehicle access. While preferred from a City service perspective to restrict parking at all times, the City understands the need for addi-tional parking during the day and for visitors.

5

Feedback from Joslyn Drive was mixed but did not result in the majority supporting the measures. However, staff is still recommending enacting permanent regulations for the courts on Joslyn Drive. This is due to the frequency of service issues, the volume of warning tickets written and to remain consistent with Highbury and Village Courts. The two cul-de-sacs on Mission Hills Drive and the entirety of Sawgrass Court are not being rec-ommended for permanent restrictions due to the feedback received. Lastly, it should be noted that several cards were submitted without an address. In anticipation of this, survey cards were sequentially numbered so staff is able to estimate with confidence from where those cards were sent. However, two responses were not able to be confidently matched to a cul-de-sac. Both were supportive and could be attributed to either Chesapeake, Village Court or Highbury, all of which received a majority of support and so not counting would not have changed the results. INTERESTED PERSONS CONTACTED This topic is addressed within the Operational Analysis. The survey results, relatively low re-sponse rate and improved street cleanliness during the trial, provides staff comfort in recom-mending the regulations for the select cul-de-sacs listed above. FINANCIAL ANALYSIS There is no immediate financial impact as signs for the area have already been installed. Approv-ing the regulations would only require removing the “trial regulation” placard on each pole and installing new signs with the overnight and garbage day restrictions. The parking control division within the police department enforces parking throughout the City. As parking regulations con-tinue to be added throughout the City, staff is evaluating the costs associated with adding addi-tional parking control officers and may be recommending supplementary personnel in a future budget. BUDGET IMPACT


AMOUNT AVAILABLE

N/A N/A N/A N/A N/A LEGAL IMPACT None. ALTERNATIVES The city council may choose to not implement the parking regulations or adjust them in any way.

6

NEXT STEPS 1. Codify the extended boundaries within the Elgin Municipal Code.

2. Remove the parking trial placards and begin enforcement.

Originators: Aaron Cosentino, Neighborhood Services Director Jennifer Phillips, Neighborhood Services Manager Final Review: Debra Nawrocki, Chief Financial Officer


ATTACHMENTS

A. Survey Comment Matrix

City of Elgin Cul-de-sac Feedback Results

Yes No

xMy side of the street wasn't the side that cause a problem. Across the street they have 4 to 5 cars or truck. People that lives down the street 18 Village parks. We don't have parking by me. I'm going to bale. Put your no parking across the street. House has lots of cars is one that causes problem.

x Even with parking regulations. Still too many cars in the neighborhood. In our cul de sac, parking is always full.

x Great idea for winter months for plowing. Not in favor for year long.

x For it was a good measure what they did since it is a better way to keep the streets clean. It would be a food option to stay the same.

x My senior friends + family have to park around the corner on Waverly Dr., where many more people are xx 1. It served no purpose, people still parked there just moved on Tues (garbage day) 2. Just put up snow

x It seems to have helped with trash & other vehicles. The limited parking did not impact our household. x We really liked no cars parked on the east side of Joslyn Drive. May I suggest no parking on west side of

x There is No need to have year long parking regulations. If the reasoning behind having them was so waste x Garbage day should be the only day that cant park on the street.

x Without parking restrictions, one neighbor uses the cul de sac for his co-workers daily drop off area for x I don't want the parking regulations. Please removed IT!!! From my STREET

x Relief in knowing emergency vehicles can reach our home now that parking is restricted. Snow removal xx Por favor remuevan los sings "NO Parking" Nuestra familiar nos visita y no hat eugar para estacionar solo

x Too many cars parked on the streetx Parking is already limits as it so blocking certain areas makes that harder. Possibly only unnecssary so

xx Only when it snows + on trash collection days.

x Nesecitamos el paraquiadero para visitas. No tenemos mas donde se puedan parquiar las visitas. (We need the whereabouts for visits. We no longer have where visitors can park.)

xx

x

xOpino que se oplipue esta regulacion de estacionamiento en los dias de recoleccion de basura y durante el tiempo de invierno. Garcias por su ayuda. (I believe this parking regulation is enforced on garbage collection days and during winter time. Thank you for your help.)

x They is no need for them in my circle. They have never been a need for parking regulation.xx We don’t park on street. Our guests do. Only snow removed requirements are required.x

xI live in a cul de sac and cars park so close to my driveway that its impossible to exit my driveway when it snows. Its impossible for the people to shovel the snow because of all the cars parked, same issue with the garbage people.

xxx

x

I haved lived here for 30 years and have never had a problem on this court 10-34 Highbury Dr. I live at the beginning of the court and am unaware of problems with (IE) garbage, plowing etc. With this parking restrictions visitors have no where to park. If the parking people check my street there is most time no one parking on the street except at the end of the court in the circle. If any restrictions should be assigned it should be within the circle.

xx

x

Me gustaria que siguieran las restricciones porque yo vivo en la curva y en ocaciones me han dejadro la basura, cuando a habido muchos carro, estacionados y mal parqueados y no respetan el dia de coleccion de vasura (I would like them to follow the restrictions because I live on the curve and on occasions they have left me the garbage, when there have been many cars, parked and badly parked and they do not respect the day of collection of waste)

x


xx

xIt's dangerous to have cars parked in the street. Children run into the street between parked cars! There is not enough room for ambulance and fire department vehicles to enter the cul-de-sac when the street is full of parked cars.

x

x We will not park our cars on Tuesdays since it's when the waste is collected. And also on snow days so the plowing truck can clean the snow.

x

x I really hope this regulation stays permanent. Its easy to go in and out the easier to see the kids when they are playing out. Thanks

x

Keep it in place! Please leave the ban in place. I have been worried for years if fire or ambulance needed to come most of the time there is NOT safe access. They never should have been able to block access on both sides of the streets. There has been times we missed trash pick up because trucks could not enter too.

x Much improved safety and travel this winter.

xNot only should the parking regulations be permanent, they should apply to the entire street. Cars keep parkig on the side of the street that is not regulated which still interferes with 2 cars entering/exiting the street at the same time.

x Please continue! Thank you!x Love the sign "No Parking".x

x There is not enough parking as it is on our street. We've been parking in the circle for 20 yrs. Never a problem!

x

I live on the end of a cul de sac on Pebble Beach Cir. I don't have a problem w/no parking within the cul de sac, but some neighbors have a problem of where to park. And to complicate some have 2-3-4 cars across the street and people have company on weekends leaving very little parking + narrow streets are dangerous! I think only one side to be used. People drive Fast!

x We are on a small circle and removing cars from that area will make snow & leaf removal easier. It is also helpful for garbage day.

x Our first choice would be a garbage day only parking restriction, but if we can't have that, we would want a daily parking regulation. It does seem better for fire trucks, ambulances, and garbage trucks.

x See scanned letter sent with card. https://elgin.box.com/s/91hb1m4ha50gux170ophygrhsxhgx9oc

x

1. Since the trial parking ban went into effect, the 3 W.M. pick-ups have not been missed. 2. Since the trial parking ban went into effect, it has been inconvenient for visitors to stop by and park near the homes in the back circle of the court. (3.) A parking ban with 2 small inerchangeable signs: No parking, Thursday, 6am-6-pm would be ideal. If holiday pick-up for Friday happens, ban will not apply due to public confusion. 4. If you take the parking ban away, and 1-3 W.M. pick-ups are missed, what will happen? We have 4+ ideas but limited to written space. The option of bringing full cans back into the garage tha we pay the City/W.M. to be emptied (until the follow week) IS NOT AN OPTION! 5. If you take the parking ban away, what is the City's solution to guarantee residences that they will have timely access to Emergency/Fire Truck assistance when needed?

x

x

The temporary parking regulations were due to a residents truck parked on the opposite side of the street from a contractors vehicle which was limiting entrance of refuse collection. The contractor has since completed his work and the entrance is clear. There is no need for restrictions any longer. There is no reason all residents should be inconvenienced.

x We still had a major issue withj snow being piled up at the end of our driveway (sometimes 2 feet high) because it was always pushed to our side of the street not the other.Parking regulations should be permanent with the EXCEPTION of 646 Robin Ridge. Please remove "no

x East side of the street has more parking availability- some houses have large familys. No outlet sign needs x

x There is limited parking as it is. Also, there are not enough cars parked on streets @ any given time to x There hasn't been one time the street was blocked die to cars on both sides of the street. I think we should x I like having no street parking. The biggest problem occurs on Fridays when garbage trucks don't have


X I sent a response shortly after sign was posted. At that time I expressed my opinion and reasoning X Parking ban is a burden. At minimum please allow parking in cul de sac. Cul de sac is very large, but it can

xWe are in favor fo keeping the "no parking overnight" regulations, because some people were leaving cars in the same spot for days/weeks and not moving them. But we would like parking to be allowed during daytime and evening hours. Just no overnight parking. Thank you!

x

x Not enough parking spaces when there is the regulation. We will be limited when we have guests over. Need to go back to the way it was before.

x It's really unfortunate that you guy's arent able to make the problem on our court go away, BUT I do appreicate the efforts on your end. Thank you.

x

Would rather see no overnight parking on this street. There are constantly parked cars that don't move for months. There are cars parked on street with flat tires. Some without license plates. My neighbor lives the street with these "junk" cars. Your allowing him to do this by allowing him to do this by allowing overnight parking would solve the huge problem on this street. To me, the street looks like an auto junkyard. Lets clean up this mess.

x Because I have a driveway and I use it never park on the street and other people that don't live in the area cause problems when they park to close to our driveway and even block your mailbox. Thank you.

x We're in a dead-end cul-de-sac and would like our company to be able to park near our house when necessary. Snow days and trash days are understandable but we meed a happy medium here.

x Our guests have no where to park. We live on a cul-de-sac and if they try to park on the main street, most the spaces are taken. Sometimes we have to park a block away.

x

*Your little postcard is not big enough to write all my complaints.* -First of all it’s a hassel, if our driveway is being worked on theres no parking spaces. -Parking restrictions was not enforced in every col-de-sac. South of "annandale Dr" theres 2 Col-de-sac that have no parking restriction signs. -Our col-de-sac has the width to fit 2 vehicles. We all pay out taxes SO *We should all have the righ to street parking!!*

xxxx

xxx Like to see more parking restrictions in Elgin.

x

No se deben renaober ya que tambien se ocupan en el verano x que estorban carros en las 2 aceras para el camionde la basura y la calle es muy angosta asi como x seguridad para los ninos por que los puden ver los conductores. They should not be renewed since they also occupy in the summer x that they block cars on the 2 sidewalks for the garbage truck and the street is very narrow as well as x safety for the children because the drivers can see them.

x

x Not so much @ the top or end of the cul de sac but coming up! No emergency vehicles can make it through.

x Should be removed because now we are going to keep on mind about leaving free space for truck trash or emergency vehicles. Thanks.

x Its has been wonderful without all the cars all over. x

xThe residents of the cul de sac realize that on garbage day they cant park in the street also on snow occurances. There should just be an overnight ban in the residential parks. Lots of cars on the street with 1 in the driveway.

x Remove all the no parking signs asasp!x

x Too many cars causes "blind spot" on corner, "very dangerous" for oncoming traffic and kids playing.


x

Dear City Council Let me start by saying this is a safety issue due to the overwhelming amount of cars that we have in our cul-de-sac this is accident waiting to happen. We have many children playing and have often been missed by cars. Also our garbage. snow plowing. fire Dep. Police have better access and Im not block on my driveway.

x Too many cars on the street.xx Add more around the circle

x The parking should be in place on the day of garbage day. Other then that we should be able to park on both sides of the street.

x The signs are obstrusive and the issue was never a major problem.x

xIt was hard to say due to COVID we did not go out or have any-one over. There was no need for any parking. We should try it on College Green Drive

x There are households that own mutliple vehicles & therefore take up all the space on one side of the street. A few of these are not current on their registration.

xIt's fine to have no parking on the EAST SIDE of the street, but parking should be allowed inside the cul-de-sac. It's a huge inconvience to not be able to park there. The street is no narrow coming up the hill, so parking on one side only has been good.

x Too much congestion on one side of the street. Causes issues with street parking. Doesn't work with a cul-de-sac street.

x

x I think parking regulations should only be for Thursdays or when garbage day is for the week. I do no think it should be for any other day except garbage pick up.

x

x It was good to only have parking on one side when there were cars on both sides of the street, even getting out of the driveway was difficult.

x

AGENDA ITEM: V MEETING DATE: July 28, 2021

ITEM: Resolution Authorizing Administrative Demolition Approvals for Blighted Residential Properties (No cost) OBJECTIVE: Provide staff the ability to authorize property demolitions for “fast-track” demolition properties to allow for compliance with statutorily prescribed timelines. RECOMMENDATION: Authorize a resolution providing an exception to the procurement ordinance that allows staff to initiate demolitions in excess of $20,000 for blighted residential properties subject to demolition proceedings. The department of neighborhood services received funding through the Illinois Housing Develop-ment Authority’s (IHDA) “Strong Communities” grant program. The project awarded the City funds to demolish properties deemed detrimental to neighborhood vitality. The state statute gov-erning these demolitions provides specific timelines for notification and demolition that require action within a certain number of days. This item will provide staff the ability to authorize these demolitions in compliance with the required timelines. BACKGROUND The department of neighborhood services has identified 25-to-30 vacant properties within the City that generate an inordinate number of complaints, have unresponsive/uncaring owners, are in significant disrepair and that present an ongoing hazard or unattractive nuisance to the com-munity. The City earlier this year formally accepted a grant from the IHDA that provided funding to de-molish up to ten properties. Demolition proceedings are following the requirements outlined within Section 11-31-1(e) of the Illinois Municipal Code (65 ILCS 5/11-31-1(e)), also referred to as “fast track” demolition proceedings. The “fast track” demolition approach provides municipali-ties a more aggressive approach to eliminating blight. The City has already seen the benefit of this approach as it has resulted in the removal of 71 S. Gifford, a long-time blighted property within the Gifford Park Association. Similarly, this approach motivated the property owner of 603 Raymond to begin rehabilitating the home.

2

Currently the department of neighborhood services is in the process for demolition on three ad-ditional properties. Each of these properties will be eligible for demolition this summer. OPERATIONAL ANALYSIS Once the City determines that a building on a property is open, vacant and an immediate and continuing hazard to the community, it is authorized to begin “fast-track” demolition proceedings under the state statute. This process is outlined below.

1. Post a notice not less than two feet by two feet in size on the front of the building. 2. Within 30 days following the posting of the notice, provide additional notice of the

intent to demolish via the following: a. Certified mail to all owners and lienholders of record; b. Published in a local newspaper for three consecutive days; c. Recorded with the office of the recorder for the county in which the property

is located. 3. If within 30 days of either the last day of newspaper publication or the mailing of the

notice (whichever is later) no person with a legal or equitable interest in the prop-erty has objected to the notices through the filing of a formal court action, the City is authorized to initiate demolition.

4. Within a 120-day period following the date of the mailing of the notice, the munici-pality may proceed to demolish the structure if the City determines that the demoli-tion is necessary to remedy the immediate and continuing hazard.

Staff initiates items 1 and 2 above simultaneously, which provides the property owner 30 days to object. After the 30-day period has expired the City may proceed with the demolition. The statute provides that demolition may occur within a 120-day period following the date of the mailing of the notice (step 2a above). As the statute also requires 30 days to elapse from the latter of the mailing of the notice or the last day of newspaper publication, this leaves less than 90 days to proceed with the demolition. Completing a demolition requires several steps and the timelines required by the statute may not lend themselves to the traditional approval processes. The formal bid process requires a min-imum of two weeks, followed by council approval. Depending on when the bid opening occurs, council approval could take anywhere from two to four weeks. Assuming no other delays, this results in 30 to 45 days elapsing before moving forward with the demolition. Further, asbestos surveys (possible removal) and utility disconnects are required. As the City only has the legal authority to enter the property after the initial 30 days elapse, these steps add delay variables. Once approvals, asbestos and utilities are resolved, contractor availability must be considered. This adds an unknown delay. Preliminary discussions with contractors indicate a several week lead time.

3

The authority to complete these demolitions without formal city council authorization will re-move 30 to 45 days from the process. Removing those days will allow staff to overcome any other potential delays that could occur during any other step of the process. The proposed process would be as follows:

1. After the initial 30 days elapses, the City will seek quotes for demolitions from three demolition contractors.

2. Upon reviewing the quotes, the City will select a vendor and proceed with scheduling the asbestos survey, utility disconnects and demolition.

A proposed process for these demolitions will ensure competitive pricing for the demolitions but reduce the time to complete the demolitions substantially. The exception to the procurement process would only apply to properties contemplated for the “fast-track” demolition proceed-ings. This exception would not apply to other residential or commercial demolitions. INTERESTED PERSONS CONTACTED IHDA was contacted to ensure their acceptance of this this process. The agency representatives have indicated that approval from a local agency (i.e., city council) for a procurement process satisfies the requirement of the grant. FINANCIAL ANALYSIS This item does not have an immediate financial impact. However, as the City pursues demolitions, reimbursable funding will be expended. The City received funding to demolish up to ten proper-ties. Demolition estimates can vary but are estimated at $20,000 to $30,000 per occurrence. The City received a total of $237,900 in grant funding. BUDGET IMPACT


AMOUNT AVAILABLE

N/A N/A N/A N/A N/A LEGAL IMPACT The proposed action constitutes an exception to the procurement ordinance which requires ap-proval of two-thirds of the members of the city council.

4

ALTERNATIVES The city council may elect to not authorize an exception to the procurement process. This will result in staff pursuing demolitions in the traditional manner, through a formal bid process and council approval. The timelines described above will create constraints and potentially limit the City’s ability to complete the demolitions within the timelines prescribed in the statute. NEXT STEPS Authorize the exception to the purchasing ordinance.

Originators: Aaron Cosentino, Neighborhood Services Director Final Review: Debra Nawrocki, Chief Financial Officer


ATTACHMENTS

None.