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HomeMy WebLinkAbout98-161 Resolution No. 98-161 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HEY AND ASSOCIATES, INC. (Tyler Creek) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Hey and Associates, Inc. for the design, permit issuance and bid preparation and evaluation for improvements to the main branch of Tyler Creek, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 8, 1998 Adopted: July 8, 1998 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this /o pp-day of T UL " , 1998, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referr to as "CITY") and Hey and Associates, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Tyler Creek Management Project (hereinafter referred to as the "PROJECT"). AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations,to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY,herein referred to as the "DIRECTOR". B. In general,the work will consist of the following activities and tasks for the 1998 Tyler Creek Management Project: 1. Conduct informational open house, 2. Attendance at coordination meetings, 3. Collection of all data and information required for conceptual design, (except geotechnical) 4. Preparation of conceptual design, 5. Preparation of preliminary engineering, 6. Preparation of construction documents, 7. Preparation of permit documentation, 8. Provision of bid assistance, and 9. Report on erosion status 10. Construction administration services are included in this agreement but a fee for this service will be negotiated after bids have been received. C. A detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS The Engineer will complete the project as outlined in the Project Schedule set forth in the March 19, 1998 Project Proposal. All work will be completed by June 30, 1999 assuming a May 1, 1998 start. Monthly progress reports keyed to the Project Schedule will be submitted with invoices as described in Section IV of this Agreement. VIII. 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. IX. 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. X. INDEMNIFICATION The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including Workmen's Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services. XI. 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. XII. 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 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 which shall include Contractual obligation assumed by the ENGINEER under Article IX entitled"Indemnification" shall be provided. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. • III.WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, 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 products for its records. Such work products are 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. IV. PAYMENTS TO THE ENGINEER(Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of One Hundred Seventy-one Thousand and Three Hundred Forty Dollars ($171,340) regardless of actual costs incurred by the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in writing by the DIRECTOR. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Full payment for the project shall not be made until all tasks have been completed and accepted by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports 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. VI. 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. VII.TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed and unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR 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 breach hereof by the ENGINEER. 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 Engineer'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 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. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES AND 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. XIV. 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. XV. 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. XVI. 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. XVII. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to,in any respect, create or establish the relationship of co-partners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever. XVIII. SEVERABILITY The parties intend and agree 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. XIX. 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. XX. 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. XXI. 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. XXII. 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. XXIII.COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXV. 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 Acts (copy attached). A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257. XXVI. 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. XXVII. 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: DAVID L. LAWRY,P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. AS to ENGINEER: GARY C. SCHAEFER,P.E. President Hey and Associates, Inc. 627 North Second Street Libertyville, Illinois 60048 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: A 1ThST: THE CITY OF ELGIN By By City at,-- Clerk Ci an�r (SEAL) For the ENGINEER: Dated this 16 day of �P� A.D. 1998. ATTEST: By4;.-LBy A • Secretary President (SEAL) • ,(OF E�Ci § City of Elgin Agenda Item No. July 1, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Engineering Services Agreement 1998 Tyler Creek Management Project PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with the revised agreement with Hey and Associates to provide design, permitting, and bid preparation and evaluation for improvements to the main branch of Tyler Creek. BACKGROUND On April 22 , 1998 , the City Council approved an agreement with Hey and Associates, Inc . for engineering services subject to changes in the scope of work to include Level 3 flood proofing investigation of the private property issues, with the excep- tion of the Judson College property. The scope of the agree- ment with Hey and Associates has been changed and a copy is attached as Attachment A. The revised language has been underlined for clarity. There is no change in the cost of the engineering as a result of the changed scope . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Friends of Tyler Creek Flood Plain Task Force FINANCIAL IMPACT There are sufficient funds within account number 378-0000-795 . 92-32, project number 339501, for this agreement . LEGAL IMPACT None . ALTE ATIVES None . Engineering Services Agreement/Tyler Creek Management Project July 1, 1998 Page 2 RECOMMENDATION It is recommended that the City Council approve the subject agreement with Hey and Associates in the not-to-exceed amount of $171, 340 . 00 and authorize staff to execute the necessary documents . 11111 pectfully submi ed, 001 (2 ' ------ J9ce i . Parker City Manager TD/do Attachments ATTACHMENT A SCOPE OF SERVICES Hey and Associates; Inc. will conduct the tbllowing activities as part of the 1998 Tyler Creek Management Project. Open House Hey will host an open house for residents of the Tyler Creek watershed to learn more about the project and to provide input on conceptual design of project components. The open house will be either in the evening or on a weekend, would he in Elam and weld. last about four hours. Notice.would be mailed to residents of the watershed based on a mailing list provided by the City. Meetings We anticipate a total of seven meetings daring design: the open house, two coordination meetings, one meeting to review the concept plan, one meeting to review preliminary engineering and the draft permit applications, one meeting to review the final construction documents and advertisement for bids and one meeting to review bids and select a contractor. Design Development This task will cover all aspects of data needed for conceptual design to proceed. The following tusks would be completed. Survey Boundary surveys and topographic survey at one-foot contours will be provided for each strcan bank and water quality site. The boundary survey will include property ownership limits, easements, and critical inverts for streambank stabilization sites 3, 4, 7, II, 15, 16, 17 and 19 and for water quality sites at Route 31, Station 8190,Abbott Drive, Illinois School, McClean Boulevard, Valley Creek, Station 29300 and Glendower Terrace. Hydraulic Data Hydraulic data will be generated for each of the ss-reaimbank stabilization and water quality detention site& For the dctcutiuu sites this will include an analysis of the effect of detention on storm sewer performance. For the streambank sites it will include velocity data for 3-month, 6-montb. and I-year event flows using the • existing Tyler Crock Hydraulic Model prepared by Hey and Associates. Soils Surface soils will be characterized and reported at each project site. Wetland Delineation Hey's wetland delineation will be flagged for each project site and picked up as part of the survey. • Vegetation Inventory Hey's vegetation inventory from the Tyler Creek plan will be updated and expanded for each project site. A complete listing of vegetation including a tree survey will be reported. Easements Hey will define the location and need for easements to allow each project to proceed. It is our understanding that Elgin will negotiate and finalize all easement& Hcy will assist this process as needed. • Eculugical Resturatiun Plan The ecological restoration plan will utilize the vegetation inventory to develop a site specific autiou pbtu fur caclt of the six reaches of Tyler Creek in the City. The following project categories will be de£iAed: stream cleaning, invasive vegetation removal, planting of native vegetation and thirming of tree canopy Detailed specifications for performing each of the above tasks also will be developed for incorporation into bid documents_ Access points for this work will be defined. A short and long term maintenance plan will be prepared in the form of a manual for cach aspect of the 1999 Tyler Creek Management Project. Conceptual Design Concept grading plans and outline specifications 'cviil he prepared for each of the strcambank stabilization, watts quality detention sites and floodprooflng sites (except below itoute 31) for City review. A conceptual design to reduce overbank flooding in the Eagle Heights subdivision will be prepared a separate element. This will include supporting hydraulic calculations, earthwork calculations and concept cost estimates. Permit requirements will be defined and the schedule for construction refined. The City will review the conceptual designs and select 16 (sixteen) projects for preliminary engineering. Preliminary Engineering After City approval of concept plans, preliminary engineering will be completed for the projects selected. This will result in approximately 75 percent complete documcnts. Grading will be refined as will earthwork, hydraulic and compensatory storage requirements. A detailed soil erosion and sediment control plan will be prepared_ Terlinical specifications will be drafted Construction Documents Once the City approves the preliminary engineering and final comments have been received from the Corps and OWR, we will prepare final construction documents. This will include Leal construction phins, supporting calculations, technical specifications, general conditions and instructions to bidders. This task also will include bid advertisements. j . Permit Docnmentatioin The results of the preliminary engineering which leads to the construction documents will he used for the documentation for the 404 permit and the OWR permit application. A • Notice of Intent to IEPA will also be filed for a stormwater NPDES permit. All data needed to support these applications will be included in this task. If necessary, as directed by the corps or IDNR, a Phase I archaeological study will be performed foi each of the ' construction sites. This task will also include a response to comments on the public notice for each permit. Bid Assistance We will assist Elgin in preparing the adveitiscuient for bids, instructing bidders, reviewing bids and we will recommend contractors. It is anticipated that the detention basin, streambAnk stabilization, ecological restoration and planting each may be bid as separate contracts. However, this decision will be made as the project progresses and bonding requirements are more clearly defined. Streandnuik Erosion Status A report will be prepared assessing the progress and severity of streambank erosion at the 15 sites not included for action in the 1997 Tyler Creek Management Plan. This report will be based on an inspection and setting of erosion pins at the beginning of the project • and an inspection during construction observation. Sites requiring attention will be • reported and prioritized. Construction Administration This taskis not included in the scope of work at this time but will be finalized after bids are received. The following is provided to outline the probable level of effort. This task will include the following activities,which are included in this agreement, but a fee for • this service will be negotiated often bids have been received Layout Survey Each construction site will be laid out, access limits defined and • boundaries staked. Construction Meetings Weekly construction meetings will be held to coordinate contractors.Minutes of these meetings will be prepared Construction Observation Hey will have a resident engineer on site daily during construction. This engineer will be assisted by other Rey disciplines such as botany and soils as needed. The resident engineer will prepare daily reports of construction progress and problems. The resident engineer also will be responsible for change order requests, • pay requests, checking of quantities of work, and checking quality of work. • As-Built Survey An as-built survey of all detention and streambank stabilization projects will be prepared. • Final Inspection and Punchlist Hey will conduct a final inspection of all work based on a punchlist for contractors prepared from the drawings and specifications. • • • •