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HomeMy WebLinkAbout98-129Resolution No. 98 -129 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH SDI CONSULTANTS, LTD, FOR ENVIRONMENTAL SERVICES AT THE FOX BLUFF CORPORATE CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute Professional Services Agreement on behalf of the City of Elgin of SDI Consultants, Ltd. for wetland mitigation management and monitoring at the Fox Bluff Corporate Center, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kelly Kevin Kelly, Mayor Presented: May 27, 1998 Adopted: May 27, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk PROFESSIONAL SERVICES AGREEMENT TH AGREEMENT is made and entered into this a' ". day of 0J,Yj , 1998, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City ") , and SDI Consultants, Ltd., an Illinois corporation (hereinafter referred to as "Consultant "). WHEREAS, the City has determined it to be in its best interests to obtain the assistance of an expert environmental consultant concerning the wetland management and monitoring for 1998 at Fox Bluff Corporate Center, Kane County, Illinois. WHEREAS, Consultant is an expert in the relevant environmental sciences, and desires to render Consultant services to the City. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Scope of Work Consultant shall perform and direct the necessary qualified personnel to perform the services set forth under the SDI proposal dated March 23, 1998, a copy of which is attached hereto and made a part hereof as Exhibit A. 2. Fee So long as Consultant is discharging its obligations hereunder to the reasonable satisfaction of City, Consultant shall be paid a fee for such services at the rate set forth in Exhibit A which is attached hereto and incorporated by reference herein. Said fee shall not exceed $9,900.00 in total for all tasks combined. Said fee shall be payable within 60 days of receipt by City of an itemized invoice for services rendered by Consultant. 3. Rights in Results of Services The results of Consultant's services under this agreement shall be the exclusive property of City, and all documents (including without limitation, all writings, drawings, blueprints, pictures, recordings, computer or machine - readable data, and all copies or reproductions thereof) which describe or relate to the services performed or to be performed pursuant to this agreement or the results thereof, including without limitation all notes, data, reports or other information received or generated in the performance of this agreement shall be the exclusive property of City and shall be delivered to City upon request (except for one copy, which may be retained by Consultant for its confidential files). No articles, papers, treatises, or presentations related to or in any way based upon or associated with the services performed pursuant to this agreement shall be presented or submitted for publication without the prior written consent of City. 4. Other Agreements Consultant warrants that it is not a party to any other existing or previous agreement which would prevent Consultant from entering into this agreement or which would adversely affect Consultant's ability to perform services under this agreement. During the term of this agreement, Consultant shall not, without the prior written consent of City, perform services for any persons, firm or corporation other than City if such services could foreseeably lead to a conflict with Consultant's obligations under this agreement. 5. Subcontracting If Consultant intends to hire or retain any person, firm or corporation to perform services under this agreement, Consultant shall first secure the written agreement of such party that such party (1) shall assume and agree to be bound by the same obligations as Consultant has assumed under the provisions of this agreement, and (2) that such party shall not be or act as an agent or employee of City, nor assume or create a commitment or obligation on behalf of nor bind City in any respect whatsoever. Consultant shall provide City with a copy of each such written agreement. 6. Assignment Neither this agreement nor any of the rights or obligations hereunder may be assigned or otherwise transferred by Consultant, nor shall the benefits of this agreement inure to the benefit of any trustee in bankruptcy, receiver or creditor of Consultant, except as may be required by law, whether by operation of law or otherwise, without the prior written consent of City. Any attempt to assign or transfer this agreement or any rights hereunder without such consent shall be null and void and of no force or effect. 7. Independent Contractor Consultant is and shall perform its services under this agreement as an independent contractor, and shall not be deemed an agent, employee or legal representative of City. Consultant has no authority to assume or create any commitment or obligation on behalf of or to bind City in any respect whatsoever. 8. Licenses and Permits Consultant shall obtain any and all licenses and permits required by federal, state, or local statutes, regulations or ordinances necessary for the performance of its services pursuant to this agreement. 9. Compliance with Laws Consultant shall at all times impose work orders on its employees and subcontractors which are designed to assure that they comply with all applicable federal, state and local laws and regulations (including, but not limited to, occupational safety and environmental protection statutes and regulations) in performing services hereunder, and shall comply with any directions of governmental agencies and City relating to site safety, security, traffic or other matters. 10. Indemnification of Client Consultant shall defend and indemnify City from and against any and all claims for damages, causes of action, suits or other liability arising out of the performance of this agreement for City where such liability is caused by the negligent act, error or omissions of Consultant, its agents, employees or assigns, or any person or organization for whom Consultant is legally liable. 11. Consultant's Insurance Consultant shall obtain and maintain the following policies of insurance: (1) Worker's compensation and occupational disease insurance in amounts required under the laws of the State of Illinois; (2) Comprehensive general liability and automobile liability insurance for bodily injury, death or loss of or damage to property or third persons in the minimum amount of $1 million per occurrence which policy shall name City as additional insureds. Consultant shall furnish to City of Elgin certified copy of such policies on or before June 12, 1998. (3) Professional omissions in occurrence. Certificate c on or before 12. Right of Entry liability insurance for errors and the minimum amount of $1 million per Consultant shall furnish to the City a >f Insurance as evidence of such policy 1998. City shall provide for Consultant's right to enter from time to time property owned by City or other(s) in order for Consultant to fulfill the scope of services, pursuant to the attached authorization form. 13. Severability If any portion of this agreement, or application thereof to any person or circumstance, shall to any extent be deemed to be invalid, void, or otherwise unenforceable for any reason, the remainder application of such provision other than those as to which not be affected thereby, ai agreement shall be valid and and effect. 14. Governing Law of this agreement, and the to persons or circumstances it is held invalid, shall id each provision of this shall remain in full force This agreement shall be subject to and governed by the laws of the State of Illinois. 15. Additional Provisions This agreement includes those additional provisions contained in Attachments I, II, III and IV. 16. Entire Agreement This agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all previous communications, negotiations and agreements, whether oral or written, between the parties hereto with respect to such subject matter, and no additions to or modifications of this agreement or waiver of any provisions of this agreement shall be binding on either party unless made in writing and executed by City. The terms and conditionV set forth herein are accepted as of this 1.41x. day of ,,a,- A 1998. CITY OF ELGIN SDI Consultants, Ltd. ���� � l BY:.a;(£(e4A _ By: J te Parker � "t g City Manager Title: 6 rdt1c -a Attest: Dolonna Mecum, City Clerk ATTACHMENT I Consultant certified that: 1. The undersigned firm certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue except for tax it is contesting in accordance with the procedures established by the appropriate revenue act. 2. The undersigned firm certifies that the firm is not barred from making an offer to contract as a result of a violation of 720 ILCS 5/33E -3 or E -4. 3. The undersigned firm certifies that the firm shall comply, where applicable, with the Prevailing Wage Act (830 ILCS 130/0.01, et seq.). 4. The undersigned firm certifies that the firm shall comply with the City's contract compliance ordinance relating to Affirmative Action. Ey rr' \. Date: �r�i ATTACHMENT II City of Elgin CONTRACT COMPLIANCE AFFIRMATIVE ACTION INFORMATION To assure compliance with the City of Elgin's contract compliance ordinance, all contractors and vendors, herein referred to as "bidders ", are requested to submit the following Affirmative Action information: 1. Work Force Analysis using the enclosed bidder's employee utilization form. 2. Provide the information required by item #3 on the employee utilization form if the answer to question 2 on the form is "yes". 3. Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and females to assure equal employment opportunity. (A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.) CITY OF ELGIN EQUAL EMPLOYMENT WRITTEN COMMITMENT GUIDELINE The written commitment required in item #4 of the "Bidder's Employee Utilization Form" shall: 1. Set out the name and phone number of the bidder's Affirmative Action Officer. 2. Clearly identify the bidder's recruitment area and the percentage of minority and female in the area's population and labor force. 3. Set out what the bidder has done and has set as goal to be done to recruit minority and female employees. 4. Set out the bidder's specific goals to recruit minority and female for training programs or other similar opportunities available through the bidder's organization. 5. Indicate bidder's consent to submit to the City of Elgin upon request, statistical data concerning its employee composition and recruitment efforts anytime during the term of the contract. 6. Show bidder's consent to distribute copies of the written commitment to all persons who participate in recruitment, screening, referral, selection and hiring of job applicants for the bidder. 7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written commitment meeting the above requirements or their affirmative action plan to the City of Elgin. 8. Clearly state that the bidder agrees that: "Bidder (SDI Consultants, Ltd.), shall 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 will not interfere with the performance of the job in question." This report is required by the City of Elgin and . shall be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action — City Contracts 1. Name and Address of Bidder Description of Project SDI Consultants 2000 S. York Road, Suite 130 Oak Brook, Illirois 60523 Mitigatior Monitoring. 2. Have 1�ycu ever been awarded a bid by the ciN ® 01 1_ YE S a. U the answer to #:2 is yes, please submit a copy of the ast sucoa .ful bid alonY witha a fully ucompleted copy of this form.. `. If the statistical. data provided above shows under — utilization of minority and /or female, please submit, according to the guideline provided in the attached document, a written commltmant to provide equal employment opportunity. NOTE: %n the event that a contractor or vendor, •tc. fails to comply with the fair employment and affix znativo action provisions of the City of Elgin, the City amongst other actions may cancel, torminats or suspend the contract in whols or in Part- oQO ©o ©o ©o ®o© ©© OR mmm OR mmmm�� 2. Have 1�ycu ever been awarded a bid by the ciN ® 01 1_ YE S a. U the answer to #:2 is yes, please submit a copy of the ast sucoa .ful bid alonY witha a fully ucompleted copy of this form.. `. If the statistical. data provided above shows under — utilization of minority and /or female, please submit, according to the guideline provided in the attached document, a written commltmant to provide equal employment opportunity. NOTE: %n the event that a contractor or vendor, •tc. fails to comply with the fair employment and affix znativo action provisions of the City of Elgin, the City amongst other actions may cancel, torminats or suspend the contract in whols or in Part- ATTACHMENT III CITY OF ELGIN SEXUAL HARASSMENT POLICY The Consultant certifies that it has in writing sexual harassment policies that include, at a minimum, the following information: (I) the illegality of sexual harassment; (ii) the definition of sexual harassment under state law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendor's internal complaint process, including penalties; (v) the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; (vi) direction on how to contact the department and commission; (vii) protection against retaliation as provided by Section 6- 101 of the Human Rights Act. A copy of the policies shall be provided to the Department of Human Rights upon request. P.A. 87 -1257. Sexual harassment is defined as follows: "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of any individual's employment, and (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. CONSULTANTS LTD. March 23, 1998 Mr. Raymond H. Moller City of Elgin 150 Dexter Court Elgin, Illinois 60120 Subject: Professional Environmental Services Proposal Wetland Mitigation Management and Monitoring Fox Bluff Corporate Center Elgin, Kane County, Illinois Dear Mr Moller: Vr Scioulisis Suito 130 Companies SuMtyors Oak Brook, IL 60523 630.571.0353 Fax: ea0.571.0=436 On behalf of SDI Consultants, Ltd. (SDI) I am pleased to submit this proposal to provide management and monitoring services for 1998 at Fox Bluff Corporate Center. If you find this proposal to be acceptable, the executed copies of this letter, together with the General Terms and Conditions attached hereto which sets forth the contractual elements of this agreement, will constitute an agreement between City of Elgin (Client) and SDI for services on this project. SCOPE OF SERVICES SDI will provide the following professional services. These services include the recommended activities given in the 1997 Wetland Mitigation Monitoring Report, which were discussed during our March 10, 1998 meeting. 1. SEEDING COORDINATION & OBSERVATION. SDI will coordinate seeding activities with LaFayette Homes Nursery, Inc. (LHN). SDI will observe LHN during seeding activities to ensure work is being performed in accordance with the mitigation plan. 2. 1998 BIANNUAL WETLAND MITIGATION MONITORING. The wetland mitigation area and existing wetland will be monitored to record the condition of the various plant communities during 1998. Biannual inspections during 1998 will be conducted to compile a floristic inventory of the mitigation areas and determine plant dominance. 3. 1998 WETLAND MITIGATION REPORTING. An annual monitoring report documenting 1998 monitoring events and all activities will be prepared and provided to the Corps of Engineers and the City of Elgin. The monitoring report will evaluate the status of the mitigation areas relative to the performance standards given for this project. Appropriate management recommendations also will be provided in the report. 4. PRESCRIBED BURN MANAGEMENT. One prescribed burn will be conducted in the existing wetland mitigation area and existing wetland area during Fall, 1998. The purpose of the prescribed bum is to encourage the desired native plant species, and control the abundance SDI CONSULTANTS LTD. March 23, 1998 Mr. Raymond H. Moller City of Elgin 150 Dexter Court Elgin, Illinois 60120 Subject: Professional Environmental Services Proposal Wetland Mitigation Management and Monitoring Fox Bluff Corporate Center Elgin, Kane County, Illinois Dear Mr Moller: Vr Scioulisis Suito 130 Companies SuMtyors Oak Brook, IL 60523 630.571.0353 Fax: ea0.571.0=436 On behalf of SDI Consultants, Ltd. (SDI) I am pleased to submit this proposal to provide management and monitoring services for 1998 at Fox Bluff Corporate Center. If you find this proposal to be acceptable, the executed copies of this letter, together with the General Terms and Conditions attached hereto which sets forth the contractual elements of this agreement, will constitute an agreement between City of Elgin (Client) and SDI for services on this project. SCOPE OF SERVICES SDI will provide the following professional services. These services include the recommended activities given in the 1997 Wetland Mitigation Monitoring Report, which were discussed during our March 10, 1998 meeting. 1. SEEDING COORDINATION & OBSERVATION. SDI will coordinate seeding activities with LaFayette Homes Nursery, Inc. (LHN). SDI will observe LHN during seeding activities to ensure work is being performed in accordance with the mitigation plan. 2. 1998 BIANNUAL WETLAND MITIGATION MONITORING. The wetland mitigation area and existing wetland will be monitored to record the condition of the various plant communities during 1998. Biannual inspections during 1998 will be conducted to compile a floristic inventory of the mitigation areas and determine plant dominance. 3. 1998 WETLAND MITIGATION REPORTING. An annual monitoring report documenting 1998 monitoring events and all activities will be prepared and provided to the Corps of Engineers and the City of Elgin. The monitoring report will evaluate the status of the mitigation areas relative to the performance standards given for this project. Appropriate management recommendations also will be provided in the report. 4. PRESCRIBED BURN MANAGEMENT. One prescribed burn will be conducted in the existing wetland mitigation area and existing wetland area during Fall, 1998. The purpose of the prescribed bum is to encourage the desired native plant species, and control the abundance Mr. Raymond H. Moller City of Elgin March 23, 1998 Page 2 of weedy species in the wetlands. SDI will assist the City of Elgin in obtaining an Open Burning Permit from the Illinois Environmental Protection Agency and SDI will provide the following on behalf of the City of Elgin to prepare for and conduct the prescribed burns. a. A detailed Burn Plan. The primary purpose of the plan is for liability protection and to force the appropriate advance planning for maximum safety. The format used is based on one utilized by the U.S. Forest Service. b. Site preparation measures needed in advance of a prescribed burn (e.g. fire break preparation). c. Notification of local authorities and nearby residents and businesses. d. Fire Boss (accepted term for field leader of burn crews), appropriate equipment, and crew. e. Written post -burn report which will be included in the monitoring report. 5. PROJECT MEETINGS. SDI will attend any meetings with the City of Elgin, project contractors, and agency personal, as required. COMPENSATION For the aforementioned basic services, SDI shall be paid as follows: 1. The fee for seeding coordination and observation during 1998 will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. The estimated fee of $1,500.00 will not be exceeded without Client's prior approval. 2. The fee for biannual monitoring during 1998 will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. The estimated fee of $3,000.00 will not be exceeded without Client's prior approval. 3. The fee for monitoring report preparation for 1998 will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. The estimated fee of $2,400.00 will not be exceeded without Client's prior approval. 4. The fee for a Fall, 1998 burn will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. The estimated fee of $3,000.00 will not be exceeded without Client's prior approval. Mr. Raymond H. Moller City of Elgin March 23, 1998 Page 3 5. The fee for project meetings and coordination with subcontractors will be on a cost plus basis. The fee for these services will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. Summary: Total for items1, 21 31 41 Not To Exceed Amount = $9,900.00 fee based on the actual billing rate as In addition to the professional services fees set forth above, SDI shall be compensated for reimbursable expenses such as printing, postage, messenger service, travel and other similar, project- related items. No such additional services shall be performed by SDI unless and until authorized in advance in writing by the client. above financial arran em p payment 'of and the orderly MISCELLANEOUS CONTRACTUAL ITEMS SDI will initiate its services promptly upon receipt of CLIENT's acceptance of this proposal. If there are protracted delays for reasons beyond SDI's control, an equitable adjustment of the above -noted compensation shall be negotiated taking into consideration the impact of such delay on the pay scales applicable to the period when SDI's services are, in fact, being rendered. This agreement, together with the General Terms and Conditions represents the entire understanding between CLIENT and SDI. If the terms of this agreement are found to be satisfactory, please sign this agreement in duplicate in the space provided below and return one copy to our office. Sincerely, SDI CONSULTANTS, LTD. W/ 44 George R. Milner Senior Environmental Scientist 7 � -Z,- k Thomas E. Slowinski Director, Wetland Division GRM/TES /cd Encl. EUdn,inlS 01 Pmpevlt1998 Pmpmil,lWxlsu \95 -: U.Jx Accepted For: CITY OF ELGIN CONSULTANTS i.TI). SDI CONSULTANTS, LTD, BILLING RATE SCHEDULE (Rates effective 111198 through 12131198) Description Hourly Rate Principal $125.00 Principal Scientist 110.00 Senior Project Manager 95.00 Professional Land Surveyor 85.00 Project Manager 85.00 Senior Engineer 85.00 Senior Environmental Scientist 85.00 Senior Soil Scientist 85.00 Project Engineer 80.00 Design Engineer III 70.00 Environmental Scientist 70.00 Soil Scientist 70.00 Geomorphologist 70.00 Environmental Engineer 65.00 Survey Technician 60.00 Design Engineer 1 /II 60.00 Technician ill 60.00 Technician l/il 55.00 Environmental Technician 4100 Clerical 38.00 3 Man Survey Crew* 125.00 2 Man Survey Crew* w /robotic total station 105.00 2 Man Survey Crew` 95.00 1 Man Survey Crew* 75.00 *Time is charged portal to portal 3198 USERVERLLOGWdminlSOl Sidfrtns \5T0 \Sid001.1958.doc C0INSL1411ANTSLTD, SDI CONSULTANTS, LTD. ADDITIONAL GENERAL TERMS AND CONDITIONS FOR ENVIRONMENTAL SERVICES 1. ADDITIONAL CLIENTS RESPONSIBILITIES CLIENT shall agree to the following: a. It is the role of ENGINEER to make recommendations for a Scope of Work that reflects goad commercial and customary practice. However, because the degree and associated expense of the investigation directly relates to the completeness of the Project Site characterization, The CLIENT shall determine and agree that an acceptable level of risk is reflected in the Scope of Work. b. The CLIENT agrees that ENGINEER shall not be responsible for the notification of regulatory and health agencies in regard to contamination or other health hazards found on the Project Site, The CLIENT may be obligated to contact a regulatory agency (or agencies) regarding the contamination within 24 hours of its discovery and confirmation. CLIENT waives any claim against ENGINEER, and agrees to defend, indemnify and save harmless ENGINEER from any claims arising from ENGINEER net reporting any such discovery to any public or private entity other than the CLIENT. c. The CLIENT agrees that the historical ownership search performed by ENGINEER in conjunction with the environmental site assessment is solely intended for interpretive use pertaining to environmental issues of the Project Site. The CLIENT recognizes that the use of information presented in the historical ownership search for any other purpose is inappropriate. 2. ADDITIONAL ENGINEER'S RESPONSIBILITIES a. The Scope of Work shall not specifically identify health or safety hazards from chemical substances or physical safety hazards on the Project Site. b. Any recommendations for subsequent environmental work are intended as guidelines only. A qualified environmental consulting firm, such as ENGINEER, should be contacted to define the specinc, detailed Scope(s) of Work and to supervise the execution of these recommendations. c. ENGINEER services will include a preliminary, cursory, visual inspection for the presence or absence of asbestos. If asbestos is suspected to exist, ENGINEER will recommend that a full inspection be conducted along with a sampling and analysis of the suspect material for content. The CLIENT shall contract separately for this service at additional cost to the CLIENT. d. Our services shall only include a preliminary review of the material handling or waste disposal activities at the Project Site. A comprehensive audit shall not be conducted as part of the Scope of Work. In addition, the Scope of Work does not include a comprehensive audit of all issues pertaining to the compliance of a facility with state and federal permits, reporting requirements or OSHA regulations. , 3. GENERATION OF WASTE CLIENT agrees that ENGINEER acts only as a bailee and at no time assumes title of waste produced at the Project Site. The CLIENT shall not claim that ENGINEER is a handler, generator, operator, treater, Storer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976, as amended, or any other similar Federal, state or local regulation or law. In addition, it shall be understood that the CLIENT has the title to, with all responsibility and liability, for any waste generated during our Scope of Work. 4. ROLE OF ENGINEER, CLIENT AND ATTORNEY The CLIENT agrees that although ENGINEER is required by the nature of the work to have an understanding of the laws pertaining to environmental issues, ENGINEER shall not offer legal advice to the CLIENT. Furthermore, the CLIENT shall not construe or assume that any representations made by ENGINEER in written or conversational settings constitute a legal representation of environmental law or prao`te. 5. STANDARD OF CARE CLIENT recognizes that environmental, geologic and geotechnical conditions can vary from those encountered at the times and locations where data are obtained by ENGINEER and that the limitation of available data results in some level of uncertainty with respect to the interpretation of these conditions, despite the use of standard professional care and skill. Engineer agrees to use that level of care and skill ordinarily exercised by other professional consultants acting under similar circumstances in performing its services hereunder. Except for this standard of care and skill, no warranty, expressed or implied, is made or intended by ENGINEER in providing the services hereunder, including the furnishing of oral or written reports or the findings made. 11120/97 l\SEftVEPLLpGVldmin \Sol Slehm3\sT045T0643.EOc April 15, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager Item No. SUBJECT: Professional Environmental Services Proposal Wetland Mitigation Management and Monitoring at Fox Bluff Corporate Center The purpose of this memorandum is to present to the Mayor and members of the City Council a proposal from SDI Consultants for wetland mitigation management and monitoring at the Fox Bluff Corporate Center. BACKGROUND The original subdivision plat for the Fox Bluff Corporate Center (August 19, 1992) includes a 441,936 square foot drainage and wetland conservation easement located immediately north of Lots 18, 19, 20 and 21. Mitigation was required on this site due to the construction of Bowes Road. The original permit authorization for this project was based on a wetland mitigation plan prepared by Natural Areas Ecosystem Management (NAEM). The revised Planting Plan drafted by NAEM included Performance Standards and a Management Plan that was reviewed and accepted by the Corps on January 5, 1993. Minor modifications to the mitigation and planting plan were made by The S/E Group, Inc. (S /E) which were implemented during mitigation construction in 1996. S/E served as a subcontractor to Burnidge & Cassell Associates (BCA) . BCA was the construction coordinator for construction of Crispin Drive. The S/E Group has recently become affiliated with SDI Consultants. MANAGEMENT AND MONITORING PLAN The Management and Monitoring Plan drafted by NAEM for this project indicates specific performance standards regarding total vegetative cover and species composition in the wetland re- vegetation areas. In order for the project to meet the permit conditions, these performance standards need to be met at the end of the five -year management and monitoring period. Professional Environmental Services Proposal April 15, 1998 Page 2 In a report recently submitted to the U.S. Army Corps of Engineers on behalf of the City of Elgin, Fox Bluff Corpora- tion Center: 1997 Wetland Mitigation Status Report, SDI Engineers made recommendationregarding cattails and reed control, prescribed annual burning, overflow invert elevations and the establishment of prairie areas. Staff has requested that SDI submit a recommendation on the monitoring and mitigation activities that should be performed during 1998 at the Fox Bluff Corporate Center site in order to meet the expectations of the U.S. Army Corps of Engineers. SDI will provide the following professional services. These services include the recommended activities given in the 1997 Wetland Mitigation Monitoring Report. 1) Seeding Coordination and Observation. SDI will coordi- nate seeding activities. 2) 1998 Biannual Wetland Mitigation Monitoring. The wetland mitigation area and existing wetland will be monitored to record the condition of the various plant communities during 1998. 3) 1998 Wetland Mitigation Reporting. An annual monitoring report documenting 1998 monitoring events and all activi- ties will be prepared and provided to the Corps of Engineers and the City of Elgin. 4) Prescribed Burn Management. One prescribed burn will be conducted in the existing wetland mitigation area and existing wetland area during Fall, 1998. The activities suggested by SDI in the recent submittal to the Army Corps are consistent with the wetland mitigation plans originally submitted to the Army Corps in 1992 and modified in 1997. The 1998 proposed scope of work serves as year two of the identified five -year monitoring and mitigation plan that was originally agreed to by the City and Army Corps in 1992. The 1997 work was funded through the Crispin Drive construction project. As a result of the extensive background experience that SDI has with the project, as well as the good working relationship that SDI seems to have established with the Army Corps, staff requests that a professional services contract for the above - referenced services be authorized between the City of Elgin and SDI Consultants, Ltd. COMMUNITY GROUPS /INTERESTED PERSONS CONTACTED None. Professional Environmental Services Proposal April 15, 1998 Page 3 FINANCIAL IMPACT A total of $49,500 was identified during the 1998 budget process to fund the five -year monitoring and mitigation program. Sufficient funds are available in the Fox Bluff Fund 270 - 0000 - 791.30 -99 to cover the expenses related to the 1998 monitoring program. 1) The estimated fee for seeding coordination is $1,500.00. 2) The estimated fee for biannual monitoring is $3,000.00. 3) The estimated fee for monitoring report preparation for 1998 is $2,400.00. 4) The estimated fee is $3,000.00 for the Fall, 1998 burn Total: Not to Exceed $9,900.00 LEGAL IMPACT No competitive source selection process was utilized. An exeception to the Procurement Ordinance pursuant to the Elgin Municipal Code, Section 5.02.0203(6) is required.. ALTERNATIVES 1) Enter into the proposed agreement with SDI Consultants. 2) Develop an RFP for the services and solicit competitive bids. RECOMMENDATION It is recommended that staff be authorized to enter into a professional services agreement with SDI Consultants for the Fox Bluff Corporate Center wetland monitoring and mitigation services for 1998. amp Respectfully submi ed, ce �A. Parker City Manager i O n 0 � � r W CD CD CID ,.x.. •tee `rnu� ti m re n �d _ o � 07 C W 380' J � o Q d zre X CJ J G\ CO) 0 0 _ a O w 0 J 972' r 1058 m 277' 6� C! O N �N O C °3 N o. � W 5. McLean Biv0. k a 'sec„ Sheep aC 2ej 3 $lrre 277' x >,wr Liberty Street O n 0 � � r W CD CD CID ,.x.. •tee `rnu� ti m re n �d _ o � 07 C W 380' J � o Q d zre X CJ J G\ CO) 0 0 _ a O w 0 J 972' r 1058 m 277' 6� C! O N �N O C 346' N o. � W k a 'sec„ aC 2ej 277' x >,wr O n 0 � � r W CD CD CID ,.x.. •tee `rnu� ti m re n �d _ o � 07 C W 380' J � o Q d zre X CJ J G\ CO) 0 0 _ a O w 0 J 972' r 1058 m 6� C! O N �N O C 346' N o. � W k a 'sec„ aC 2ej n O � G CT � d 284 5 H � 329' r Nom° 329 ' w Nr 329' u r SV A� 329' N Wes+ 343 x�r y`; N � N 119' FF x N 596' � ®A—� n O m ry Z— O Z >I �mC Z m l oz� Fnm m JJ WWI N �N O 346' 'Nr � 'sec„ wp FF x N 596' � ®A—� n O m ry Z— O Z >I �mC Z m l oz� Fnm m JJ WWI CONSULTANTSLTR March 23, 1998 Mr. Raymond H. Moller City of Elgin 150 Dexter Court Elgin, Illinois 60120 Subject: Professional Environmental Services Proposal Wetland Mitigation Management and Monitoring Fox Bluff Corporate Center Elgin, Kane County, Illinois Dear Mr Moller: 011901110 Engiuters 2000 York Road VSrioali>ls Suite 130 eomVnmes Sim,eyons Oak Brook, IL 60523 610571.0353 Fax: 630.5710436 On behalf of SDI Consultants, Ltd. (SDI) I am pleased to submit this proposal to provide management and monitoring services for 1998 at Fox Bluff Corporate Center. If you find this proposal to be acceptable, the executed copies of this letter, together with the General Terms and Conditions attached hereto which sets forth the contractual elements of this agreement, will constitute an agreement between City of Elgin (Client) and SDI for services on this project. SCOPE OF SERVICES SDI will provide the following professional services. These services include the recommended activities given in the 1997 Wetland Mitigation Monitoring Report, which were discussed during our March 10, 1998 meeting. SEEDING COORDINATION & OBSERVATION. SDI will coordinate seeding activities with LaFayette Homes Nursery, Inc. (LHN). SDI will observe LHN during seeding activities to ensure work is being performed in accordance with the mitigation plan. 2. 1998 BIANNUAL WETLAND MITIGATION MONITORING. The wetland mitigation area and existing wetland will be monitored to record the condition of the various plant communities during 1998. Biannual inspections during 1998 will be conducted to compile a floristic inventory of the mitigation areas and determine plant dominance. 3. 1998 WETLAND MITIGATION REPORTING. An annual monitoring report documenting 1998 monitoring events and all activities will be prepared and provided to the Corps of Engineers and the City of Elgin. The monitoring report will evaluate the status of the mitigation areas relative to the performance standards given for this project. Appropriate management recommendations also will be provided in the report. 4e PRESCRIBED BURN MANAGEMENT. One prescribed burn will be conducted in the existing wetland mitigation area and existing wetland area during Fall, 1998. The purpose of the prescribed burn is to encourage the desired native plant species, and control the abundance Mr. Raymond H. Moller City of Elgin March 23, 1998 Page 2 of weedy species in the wetlands. SDI will assist the City of Elgin in obtaining an Open Burning Permit from the Illinois Environmental Protection Agency and SDI will provide the following on behalf of the City of Elgin to prepare for and conduct the prescribed burns. a. A detailed Burn Plan. The primary purpose of the plan is for liability protection and to force the appropriate advance planning for maximum safety, The format used is based on one utilized by the U.S. Forest Service. b. Site preparation measures needed in advance of a prescribed burn (e.g. fire break preparation). c. Notification of local authorities and nearby residents and businesses. d. Fire Boss (accepted term for field leader of burn crews), appropriate equipment, and crew. e, Written post -burn report which will be included in the monitoring report. 5. PROJECT MEETINGS. SDI will attend any meetings with the City of Elgin, project contractors, and agency personal, as required. C� 61T,1114 For the aforementioned basic services, SDI shall be paid as follows: 1. The fee for seeding coordination and observation during 1998 will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. The estimated fee of $1,500.00 will not be exceeded without Client's prior approval. 2. The fee for biannual monitoring during 1998 will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. The estimated fee of $3,000.00 will not be exceeded without Client's prior approval. 3. The fee for monitoring report preparation for 1998 will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. The estimated fee of $2,400.00 will not be exceeded without Client's prior approval, 4. The fee for a Fall, 1998 burn will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. The estimated fee of $3,000.00 will not be exceeded without Client's prior approval. Mr. Raymond H. Moller City of Elgin March 23, 1998 Page 3 5. The fee for project meetings and coordination with subcontractors will be on a cost plus basis. The fee for these services will be based on actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. Summary: Total for Items 1, 2, 3, 4, Not To Exceed Amount = $9,900.00 For Additional Services of SDI's principals and employees engaged directly on the Project, a fee based on the actual hours expended multiplied by the appropriate employee billing rate as set forth on SDI's Billing Rate Schedule. In addition to the professional services fees set forth above, SDI shall be compensated for reimbursable expenses such as printing, postage, messenger service, travel and other similar, project - related items. CLIENT will be invoiced monthly for professional services and reimbursable expenses. The above financial arrangements are on the basis of prompt payment of invoices and the orderly and continuous progress of the Project through construction. MISCELLANEOUS CONTRACTUAL ITEMS SDI will initiate its services promptly upon receipt of CLIENT's acceptance of this proposal. If there are protracted delays for reasons beyond SDI's control, an equitable adjustment of the above -noted compensation shall be negotiated taking into consideration the impact of such delay on the pay scales applicable to the period when SDI's services are, in fact, being rendered. This agreement, together with the General Terms and Conditions represents the entire understanding between CLIENT and SDI. If the terms of this agreement are found to be satisfactory, please sign this agreement in duplicate in the space provided below and return one copy to our office. Sincerely, SDI CONSULTANTS, LTD. George R. Milner Senior Environmental Scientist 7 ��� Thomas E. Slowinski Director, Wetland Division GRM/TES /cd Encl. F.Udmin \SDI PmNsal \1998Po sals \Wetlands \98413 .do Accepted For: CITY OF ELGIN BY: TITLE: DATE: CONSULTAYI,S L'CI). SDI CONSULTANTS, LTD. BILLING RATE SCHEDULE (Rates effective 111/98 through 12/31/98) Description Hourly Rate Principal $125.00 Principal Scientist 110.00 Senior Project Manager 95.00 Professional Land Surveyor 85.00 Project Manager 85.00 Senior Engineer 85.00 Senior Environmental Scientist 85.00 Senior Soil Scientist 85.00 Project Engineer 80.00 Design Engineer III 70.00 Environmental Scientist 70.00 Soil Scientist 70.00 Geomorphologist 70.00 Environmental Engineer 65.00 Survey Technician 60.00 Design Engineer 1/11 60.00 Technician 111 60.00 Technician 1/11 55.00 Environmental Technician 40.00 Clerical 38.00 3 Man Survey Crew* 125.00 2 Man Survey Crew* w /robotic total station 105.00 2 Man Survey Crew* 95.00 1 Man Survey Crew* 75.00 *Time is charged portal to portal ��SERVEMLW\AdNR=I Sldfrm5\STMSId001.799e.doc 3198 CONSULTANTSUFD. SDI CONSULTANTS, LTD. ADDITIONAL GENERAL TERMS AND CONDITIONS FOR ENVIRONMENTAL SERVICES 1. ADDITIONAL CLIENTS RESPONSIBILITIES CLIENT shall agree to the following: It is the role of ENGINEER to make recommendations for a Scope of Work that reflects good commercial and customary practice. However, because the degree and associated expense of the investigation directly relates to the completeness of the Project Site characterization, The CLIENT shall determine and agree that an acceptable level of risk is reflected in the Scope of Work. The CLIENT agrees that ENGINEER shall not be responsible for the notification of regulatory and health agencies in regard to contamination or other health hazards found on the Project Site. The CLIENT may be obligated to contact a regulatory agency (or agencies) regarding the contamination within 24 hours of its discovery and confirmation. CLIENT waives any claim against ENGINEER, and agrees to defend, indemnify and save harmless ENGINEER from any claims arising from ENGINEER not reporting any such discovery to any public or private entity other than the CLIENT. The CLIENT agrees that the historical ownership search performed by ENGINEER in conjunction with the environmental site assessment is solely intended for interpretive use pertaining to environmental issues of the Project Site. The CLIENT recognizes that the use of information presented in the historical ownership search for any other purpose is inappropriate. 2. ADDITIONAL ENGINEER'S RESPONSIBILITIES a. The Scope of Work shall not specifically identify health or safety hazards from chemical substances or physical safety hazards on the Project Site. b. Any recommendations for subsequent environmental work are intended as guidelines only. A qualified environmental consulting firm, such as ENGINEER, should be contacted to define the specific, detailed Scope(s) of Work and to supervise the execution of these recommendations. c. ENGINEER services will include a preliminary, cursory, visual inspection for the presence or absence of asbestos. If asbestos is suspected to exist, ENGINEER will recommend that a full inspection be conducted along with a sampling and analysis of the suspect material for content. The CLIENT shall contract separately for this service at additional cost to the CLIENT. d. Our services shall only include a preliminary review of the material handling or waste disposal activities at the Project Site. A comprehensive audit shall not be conducted as part of the Scope of Work. In addition, the Scope of Work does not include a comprehensive audit of all issues pertaining to the compliance of a facility with state and federal permits, reporting requirements or OSHA regulations. 3. GENERATION OF WASTE CLIENT agrees that ENGINEER acts only as a bailee and at no time assumes title of waste produced at the Project Site, The CLIENT shall not claim that ENGINEER is a handler, generator, operator, treater, Storer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976, as amended, or any other similar Federal, state or local regulation or law. In addition, it shall be understood that the CLIENT has the title to, with all responsibility and liability, for any waste generated during our Scope of Work. 4. ROLE OF ENGINEER, CLIENT AND ATTORNEY The CLIENT agrees that although ENGINEER is required by the nature of the work to have an understanding of the laws pertaining to environmental issues, ENGINEER shall not offer legal advice to the CLIENT. Furthermore, the CLIENT shall not construe or assume that any representations made by ENGINEER in written or conversational settings constitute a legal representation of environmental law or practice. 5. STANDARD OF CARE CLIENT recognizes that environmental, geologic and geotechnicat conditions can vary from those encountered at the times and locations where data are obtained by ENGINEER and that the limitation of available data results in some level of uncertainty with respect to the interpretation of these conditions, despite the use of standard professional care and skill. Engineer agrees to use that level of care and skill ordinarily exercised by other professional consultants acting under similar circumstances in performing its services hereunder. Except for this standard of care and skill, no warranty, expressed or implied, is made or intended by ENGINEER in providing the services hereunder, including the furnishing of oral or written reports or the findings made. \1SERVERtL0GVAdminW1 Sl&ms \STMSTD043.doc 1 11/20/97