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Home My WebLink About77-0101 March and Guillou Inc. Tyler Creek Detention AGREEMENT FOR ENGINEERING SERVICES COVERING PRELIMINARY ENGINEERING AND FEASIBILITY REPORT TYLER CREEK DETENTION THIS AGREEMENT, made and entered into this 1 day of January, 1977, by and between M&E/Alstot, March & Guillou, Inc. , whose address is 3180 Adloff Lane, Springfield, Illinois, 62703, hereinafter called ENGINEER, and the Public Agency of the City of Elgin, hereinafter called PUBLIC AGENCY, covers certain professional engineering and consulting services in connection with the proposed Tyler Creek Detention as discussed in the report of ENGINEER entitled, Hydrologic Inventory, Tyler Creek Watershed, Kane County, Illinois, dated October 1976. WITNESSETH THAT, in consideration of these premises and the mutual covenants herein set forth, THE ENGINEER AGREES, 1 . To perform or be responsible for the performance of the following engineering services, with estimated costs as indicated: a. Installation and operation of recording stream gaging station on Tyler Creek at, or near, the west crossing of Eagle Road, to develop actual flow data to be used in the final design of the Tyler Creek Detention 55,000 b. Completion of field surveys to delineate the profile and cross section of Tyler Creek in the vicinity of the proposed Detention 51 ,200 c. Completion of field surveys in the near vicinity of the Chicago and Northwestern Railroad property, where -2- that property must be protected from the flood waters of the proposed Detention $2,400 d. Completion of field surveys and preparation of detailed topographic mapping to cover the area to be occupied by the principal embankment, the emergency spillway, and the outlet conduit of the proposed Detention $2,600 e. Determination of the design flood hydrograph using in- formation of the planning report (paragraph one, hereof) , the data produced under Item la hereof, and the U. S. Geological Survey gaging station on Poplar Creek $1 ,600 f. Attend meetings with land developers and public officials regarding funding of a portion of the project with savings from requirements of Ordinance G-1538, including the cost of exhibits and analyses, and recommendations $3,000 g. Attend meetings and assist in the development of regional and State inputs regarding recreation values, use of open space, and possible State funding of a portion of the cost of the proposed Detention $2,700 h. Assist PUBLIC AGENCY in discussions and studies concerning facilities which would effect the integrity and function of the proposed Tyler Creek Detention and portions of the Creek which lie downstream of the proposed Detention $2,500 -3- i . Prepare basic plan of improvement for the proposed Detention and auxiliary facilities utilizing information made available by studies herein, data of the planning report, and other available sources ; to prepare and submit to PUBLIC AGENCY thirty (30) copies of a report setting forth the basic plan of development and the re- sults of the gaging station operation (Item la) ; and to present the plan of development at a meeting of the Elgin City Council , or at a public meeting $5,000 2. To attend conferences to be held at the request of the PUBLIC AGENCY in addition to normal visits for supervision and work of this AGREEMENT. 3. The basic survey notes and sketches, charts, computations and other data prepared or obtained by ENGINEER pursuant to this AGREEMENT will be made available, upon request, to the PUBLIC AGENCY without cost and without restrictions or limitations as to their use. 4. That all plans and other documents furnished by ENGINEER pursuant to this AGREEMENT will be endorsed and will show the appropriate pro- fessional seal where such is required by law or is requested by PUBLIC AGENCY. 5. To submit, upon request by PUBLIC AGENCY, a list of the personnel and the equipment he proposes to use in fulfilling the requirements of this AGREEMENT. -4- 6. During the performance of work under this AGREEMENT the ENGINEER, for himself, his assignees and successors in interest agrees to conform to the requirements of the "Special Provision for Fair Employment Practices" attached hereto and made a part hereof. The words "contract" and "contractor" in the special provision shall be interpreted to mean "AGREEMENT" and "ENGINEER," respectively. THE PUBLIC AGENCY AGREES, 1 . To pay for the services stipulated in paragraphs la, lb, ic, ld, le, lf, la, lh and li at the hourly rates stipulated below for personnel assigned to the work of this AGREEMENT as payment in full to the ENGINEER for the actual time spent in providing these services - the hourly rates to include profit, overhead, readiness to serve, insurance, social security, and retirement deductions. Travelling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of PUBLIC AGENCY, the ENGINEER may sublet all or part of the services provided under this AGREEMENT. If the ENGINEER sublets all or a part of this work, PUBLIC AGENCY will pay the Cost to Engineer plus 10 percent to cover readiness to serve. "Cost to Engineer" to be verified by furnishing PUBLIC AGENCY copies of invoices from the party doing the work. Grade Classification of Employee Hourly Rate Principal $45.00 Professional Engineer 27.50 Junior Engineer 15.65 Engineer in Trainina 12.25 Chief Draftsman 21 . 25 Draftsman 11 .25 Secretary 11 .90 -5- It is specifically agreed by the parties to this AGREEMENT that the maximum payment to the ENGINEER shall not exceed the sum of $26,000, unless this AGREEMENT shall be modified in writing by mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. Final payment shall be made upon acceptance of the feasibility report. 2. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in this AGREEMENT and prior to the completion of such services, the PUBLIC AGENCY shall reimburse the ENGINEER for his actual costs plus 10 percent incurred up to the time he is notified in writing of such abandonment - "actual cost" being defined as material costs plus actual payrolls, insurance, social security, and retirement deductions. Travelling and other out-of-pocket expense will be reimbursed to the ENGINEER at his actual cost. 3. That, should the PUBLIC AGENCY extend the term of the AGREEMENT beyond one calendar year from the date hereof, the PUBLIC AGENCY will pay the ENGINEER, in addition to the fees provided herein, his actual costs incurred beyond said time limit - "actual cost" being defined as in paragraph 2 above. IT IS MUTUALLY AGREED, 1 . That any difference between the ENGINEER and the PUBLIC AGENCY concerning the interpretation of the provisions of this AGREEMENT • -6- shall be referred to a committee of disinterested parties, consisting of one member appointed by the ENGINEER, one member appointed by the PUBLIC AGENCY, and a third member appointed by the other two members, for disposition and that the committee' s decision shall be final . 2. This AGREEMENT may be terminated by the PUBLIC AGENCY upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination the ENGINEER shall cause to be delivered to the PUBLIC AGENCY all drawings, partial and completed estimates, and data, if any from soil survey and subsurface investigations, with the understanding that all such material becomes the property of the PUBLIC AGENCY. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with paragraph 2 of "THE PUBLIC AGENCY AGREES. " 3. That the ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the PUBLIC AGENCY shall have the right to annul this contract without liability. 0 -7- IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers as of the dates below indicated. Executed by the PUBLIC AGENCY, this City of Elgin Kane County, State day of January, 1977. of Illinois, acting by and through its ATTEST: Aii I By v✓"— BY inkalliffil" Clerk Title: Executed by the ENGINEER, this M&E/Alstot, March & Guillou, Inc. Adl . f L- e day of January, 1977. Sprinsf'el • , linois 62703 By ATTEST: Vice President jge -, By President 1744Y