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HomeMy WebLinkAbout07-126 Resolution No. 07-126 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT 1\1004 1 TO AGREEMENT WITH HEY AND ASSOCIATES, INC. (Compensatory Storage Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized and directed to execute Amendment No. 1 to the engineering services agreement with Hey and Associates,Inc. on behalf of the City of Elgin for the compensatory storage project,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 23, 2007 Adopted: May 23, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton, Acting City Clerk AMENDMENT ALREEMOT THIS AMENDMENT AGREEMENT is made and ent(pred into this 11th day of May, 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and HEY AND ASSOCIATES, INC. , an Illinois corporation (hereinafter referred to as "ENGINEER") . WHEREAS, the parties hereto have previously entered into an agreement dated September 15, 2006, for the ENGINEER to furnish certain professional services in connection with the COMPENSATORY STORAGE PROJECT (herein.9fter referred to as "Original Agreement") ; and WHEREAS, the parties hereto have each ietermined it to be in their best interests to amend the Origi al Agreement to provide for additional services by the ENGIN ER, specifically, the preparation of OSLAD grant supplemental drawings, Phase 2 environmental investigation and recommendations, coordination meetings and project administration . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree as follows : 1 . Paragraph IB of the Original Agree+t is hereby amended by adding to the list of the outline of services, the additional services of OSLAD grant submittals and coordination, Phase 2 environmental investigations and recommendations, project administraion, project meetings . 2 . Paragraph I of the Original Agree ent entitled "SCOPE OF SERVICES" is further amended by mending Paragraph C to provide as follows: "C. Detailed scopes of services ..(:)r services provided in the First Amendment Agreement are attached hereto as Attachments B and C. " 3. Paragraph IV of the Original Agree ent is hereby amended by adding a subparagraph A-1 to provid as follows : "A-1 . For the services provided by the ENGINEER as described in Attachments B and C the CITY shall reimburse the ENGINEER for such services lith a total fee not to exceed $53, 635 regardless of the actual time expended or actual costs incurred b the ENGINEER unless substantial modifications to the scope of work to be performed in Attachments B and C are authorized in writing by the CITY. A summary of the fee calculation for services to be performed is attached hereto as Attachment B and C. " 4 . In the event of any conflict betlNieen the terms of this First Amendment Agreement and the terms of the Original Agreement, the terms of this Firist Amendment Agreement shall control . 5. That except as amended by this Fist Amendment Agreement the terms of the Original Agreemerit between the ENGINEER and the CITY shall remain in full foi.ce and effect . 6. The changes provided in this First Amendment Agreement are germane to the Original Agreement as signed and this First Amendment Agreement is in the best interests of the City of Elgin and authorized by law. IN WITNESS WHEREOF, the parties hereto have entered into and executed this First Amendment Agreement on the date and year first written above. CITY OF ELGIN HEY AND ASSOCIATES, INC. 44---441--14(447-1— BY :7--- 1 / By Ed Schock Mayor President Attest: Attest: By C. rAr- 11/k Secre H:\Myfiles\MyFiles\Riverfront\Comp Storage North\Comp Storag4 Amendment Agr.doc 2 Attachment B Hey and Associates, Inc. OSLAD Grant and Phase 2 Environmental Supplemental Srvices Scope of Work Task Fee Attend coordination meetings with City staff $500 Prepare natural area enhancement plan for submittal to IDt1R $1,000 Prepare draft correspondence for grant consultant $135 Provide ongoing consulting services related to grant submittal update $1,500 Provide subconsultant administrative services $2,500 Reimbursable Expenses $1,000 Total Fee $6,635 ARk-mr0-114160T Co PATRICK 4970 Varsity Drive Lisle, IL 60532-4101 ENGINEERING INC. Tel:(630) 795-7200 Fax: (630)724-1681 March 20, 2007 Torn Polzin Vice President, Civil Engineering Hey& Associates, Inc. 27 North Water Street Geneva, Illinois 60134 Subject: Proposal for Phase II Environmental Site A+ssment Investigation Offsite Elgin Compensatory Storage Site Elgin, Illinois Reference: Patrick Engineering Proposal No. 2A703.521 Dear Mr. Polzin: Patrick Engineering Inc. (Patrick) appreciates the opportunity to present this proposal for the Phase II Environmental Site Assessment (ESA) investigat'on at the offsite Elgin compensatory storage site in Elgin, Illinois. The following presents ou Project Understanding, Objectives, Scope of Services, Schedule, and Fee to complete the inveligation. PROJECT UNDERSTANDING In March 2002, Patrick completed a Phase I ESA for th4ee (3) vacant tracts of land located adjacent to the Fox River in Elgin, Illinois on behalf of the City of Elgin. The Phase I ESA identified several recognized environmental conditions nd areas of environmental concern associated with the Site. The following Recognized Environmental Conditions (RECs) were observed for the Site: • Fill material from an unknown origin was observeduring the Phase I ESA in Tracts 1 and 3. Based upon an interview conducted during t e Phase I ESA and review of several tt historical documents, it was determined that the fill material may have consisted of waste foundry sand from a nearby foundry site. Waste foundry sands have the potential to contain heavy metals and/or spent solvents/lubricating oils. • All three tracts of land contained soil piles or debri piles from apparent illegal dumping. Tracts 1 and 2 contained unlabeled drums. The con ents of the drums are unknown. • According to historical research, a facility currently enrolled in the Site Remediation Program is located approximately 1/8 of a mile west of Tract 1. A previous Phase II investigation at the facility identified benzene and ethylbenzene contamination at concentrations above the Class I and Class II drinking water standards. Chicago, IL * Lisle, IL • Springfield, IL • Madison, WI • Milwaukee, WI • Detroit, MI • Philadelphia,PA (800) 799-7050 • www.patrickengiiieering.com • Hey and Associates, Inc. March 20, 2007 Page 2 of 5 Based upon the Phase I ESA findings in March 2002, Patrick recommended to the City of Elgin that soil sampling and testing should be completed on-site pi'or to development. OBJECTIVES Since the Phase I ESA identified three RECs in conjunctio with the site, a subsequent Phase II ESA investigation is being proposed, as requested by Hey ,nd Associates, for the Site. Several objectives, for the Phase II ESA investigation have been p epared to determine the presence of any suspected subsurface contamination related to the ide tified RECs. The objectives are as follows: 1. To further define the nature and extent of subsurface contamination, such as heavy metals or contaminants associated with spent solvents a lubricating oils, attributed to the potential foundry waste fill piles located in Tract 1 a d 3. 2. To further define the nature and extent of the conte is of the soil piles/waste debris piles and the unlabeled drums in Tract 1 and 2. SCOPE OF SERVICES The Scope of Services provided below were based on the findings of the Phase I ESA report prepared by Patrick in March 2002 and on the objectives o tlined above. The Scope of Services shall consist of the following: 1. Patrick will call the utility locator to have network tility companies mark underground utilities in the vicinity of each boring. On-site utilities ill need to be marked by the existing property owner, or project drawings indicating site uti ities need to be provided to Patrick prior to mobilization to the Site. 2. In order to address the first objective outlined abov4, Patrick will advance two (2) soil borings using a GeoProbe® direct-push drilling unit to a depth of 7 feet below ground surface (bgs) in Tract 1 in the vicinity of the foundry aste piles. Additionally, two (2) soil borings will be advanced to a depth of 7 bgs in Tract • in the vicinity of the foundry waste piles. Two soil samples will be collected for labora gory analysis from each boring: one shallow sample from the 0-3 feet depth interval, and gine deeper sample from the 3-7 feet interval. All soil samples will be laboratory analyz:d for Volatile Organic Compounds (VOCs), Semivolatile Organic Compounds (SVOCs) an. RCRA (8) Metals. In addition, two (2) soil samples from tract 1 and one (1) soil sample from tract 3 will be laboratory analyzed for pH and for the remainder of the Target Compoungi List (TCL) as specified in 35 IAC, Part 740 Appendix A 3. Two investigate objective #2 above, three (3) soil borings will be advanced using a GeoProbe® direct-push drilling unit to a depth of 7 fe-t bgs in Tract 1 near the soil/debris piles (2 borings) and the unlabeled drums (1 boring). wo soil samples will be collected for laboratory analysis from each boring: one shallow sa ple from the 0-3 feet depth interval, and one deeper sample from the 3-7 feet interval. ',oil samples collected from the two borings near the soil/debris piles will be laboratory analyzed for Volatile Organic • • Hey and Associates, Inc. March 20, 2007 Page 3 of 5 Compounds (VOCs), Semivolatile Organic Compoun's (SVOCs) and RCRA (8) Metals. Soil samples collected from the third boring (near the unlabeled drums) will be laboratory analyzed for Volatile Organic Compounds (VOCs) . d Semivolatile Organic Compounds (SVOCs). Additionally, two (2) borings will be installed to a drpth of 7 feet bgs in the vicinity of several unlabeled drums and waste debris piles in I ract 2. Two soil samples will be collected for laboratory analysis from each boring: o e shallow sample from the 0-3 feet depth interval, and one deeper sample from the 3-7 fe-t interval. All soil samples will be laboratory analyzed for Volatile Organic Compouds (VOCs), Semivolatile Organic Compounds (SVOCs) and RCRA (8) Metals. In adoition, one (1) soil sample from one boring will be laboratory analyzed for pH and for the reg ainder of the Target Compound List (TCL) as specified in 35 IAC, Part 740 Appendix A. 4. All soil samples collected and submitted for metals .nalysis will be kept on hold at the laboratory for potential toxicity characteristic leachin: procedure (TCLP) analysis in the future. Should any of the laboratory analytical resul is for metals indicate an exceedence above the Illinois Environmental Protection Agency (I PA) Tiered Approach to Corrective Action Objectives (TACO) Tier 1 standards, then a TC I P analysis will be conducted for that specific metal parameter in the specific exceeding sa ple. TCLP analysis will determine whether or not the soils exhibit hazardous characteristic.. 5. For the purposes of this proposal, Patrick has assumed hat soil samples will not be collected below a depth of seven feet, and that three soil samples ill also be analyzed using TCLP. If laboratory analyses are required for samples below se en feet and/or for additional TCLP analyses, these laboratory costs will be billed to the I lient on a time and materials basis. Patrick will notify the Client prior to conducting these as ditional analyses. 6. All soil cuttings will be returned to their respective boring holes, and borings will be abandoned by filling with bentonite, if necessary. 7. Drilling will be performed under the direction of an :► perienced geologist or geotechnical engineer who will classify each soil samples, prepare field boring logs, and document site activities. 8. For this proposal, it is assumed that no specific pe sonal protective equipment will be necessary other than standard protection, such as hard hats, safety glasses, etc. Should any other protection be required(Level D, Level C, etc.), w: will need to revise our proposal. 9. A Phase II ESA letter report will be prepared to summa .ze analytical results and information obtained in the field, and to present recommendations for the Site based on the assessment findings. At present, we anticipate that the report will i elude the following: • Hey and Associates, Inc. March 20, 2007 Page 4 of 5 • Documentation of field methods and results. • Description of soil types, water content, and the approximate locations of the borings and samples. Please note that surveying the boring locations is not included in this Scope of Services. Boring locations will be marked either on a survey map provided by Hey and Associates or on a USGS map. • Tables and laboratory reports displaying anal yte concentrations for soil samples. • Recommendations for future environmental work, if necessary, on the Site. CONTINGENT SCOPE OF SERVICES If, upon receipt of laboratory analytical data, it is determined that impacted soils are present at the Site and additional contaminant delineation is requir4 Patrick will mobilize for a second field investigation at the Site prior to issuing the letter repoi-t to the Client. For the purposes of this proposal, Patrick assumes that this additional mobilization will include the installation of 10 soil borings to a depth of 7 feet hgs, and the laboratory analysis of 2 soil samples from each boring for Volatile Organic Compounds (VOCs), Semivoliatile Organic Compounds (SVOCs) and RCRA (8) Metals. SCHEDULE Patrick will begin the proposed Scope of Services after receiving Notice to Proceed (NTP) from Hey and Associates. Patrick proposes the following project schedule: 1. Complete Subsurface Investigation Completed 3 weeks after NTP 2. Submit Phase II ESA Letter Report 4 Completed 7 weeks after NTP 3. Submit Contingent Phase II ESA Letter Report 4 Completed 11 weeks after NTP FEES Patrick proposes to complete the above-referenced Scope 6f Services (including the Contingent Scope of Services) for a time-and-materials not-to-exceed budget of$47,000. Patrick estimates the Contingent Scope of Services to cost $20,500. ShoUld these additional services not be required, Patrick expects the project to be completed for approximately $26,500. These fees assume that soil samples will not be collected below a dejth of seven feet, and that three soil samples will also be analyzed using TCLP. If laboratory analyses are required for samples below seven feet and/or for additional TCLP analyses, these laboratory costs will be billed to the Client on a time and materials basis. Patrick will notify the Client prior to conducting these additional analyses. Please note that this fee does not include surveying (to accurately determine the horizontal and vertical locations of the borings), project meetings, or permit fees. If these are required, or if we encounter unusual conditions during the investigation such that the drilling program requires modification, we will contact you immediately to negotiate a change in scope and fee. Therefore, additional drilling can be authorized while we are still on-site. The cost of additional drilling or requests for scope changes can be negotiated at a later time by the parties. Hey and Associates, Inc. March 20, 2007 Page 5 of 5 AGREEMENT AND AUTHORIZATION Enclosed is one copy of this letter. Attached to this letter and the copy is Patrick's Client Project Agreement. If you would like Patrick Engineering to perform these services, please sign both copies of the Agreement and return one document set to the undersigned at Patrick Engineering Inc. The other copy is for your records. Receipt of the eecuted documents will serve as our notice to proceed. This Proposal is only valid when accepted and returned to Patrick Engineering Inc. within 30 days from the date of this letter. Thank you for this opportunity to provide professional emiironmental engineering services on this project. If you would like to discuss this proposal in further detail, please feel free to contact me(630) 795-7464. Sincerely, PAT ' ENGINEERING INC. and M. Frendt, P.E. Senior Project Manager mjl/rmf Enclosures: Standard Agreement for Professional Services (two copies) Standard Addendum for Environmental and/or Geotechnical Services (two copies) Y:\Proposals\Proposals E-L\Hcy&Associates12A703.521 _Elgin Phase 11\REyISED 032007 RMF.doc _ _ . � PATRICK c IENT PROJECT AGREEMENT PROFESSIONAL SERVICES ENGINEERING INC. rw INCL DING THE STANDARD ADDENDUM FOR ENVIRONMENiTAL AND/OR GEOTECHNICAL SERVICES This Agreement between Patrick Engineering Inc. (PATRICK) and Hey & Associates, Inc. (CL/ENT) consistsof these terms, the proposal (indudi attachments thereto) identified as 2A703.521 and dmba| K8aroh2U. 2007 and PATR|{���consists Addendum for Environmental and/or Geotechnical Services. This Agreement ineffective th»o20thday ofMarch, 200? . ARTICLE I: SCOPE OF SERVICES The Scope of Services to be performed by PATRICK is set forth in the foregoing proposal ("Services"). CLIENT may requmut, orally or in writing, ch nges to the Services. In the event PATRICK ogreeo, in wviUng, to such changes in the Smrvk:as. the changes are binding upon CLIENT, and CLIENT agrees to compensate PATRICK for all Services performed at CLIENT's request. PATRICK shall not, howevmr, be liable for failure tb perform or execute any changes in Services unless such changes are agreed to in writing by PTRICK. Any services performed by PATRICK at the request of CLIENT shall be governed by th terms of this Agreement. ARTICLE II: STANDARD OF CARE PATRICK shall perform the Services with the care and skill ordinarily exercised by members of PATRICK's profession practicing in the same locality unde similar conditions or circumstances. PATRICK makes no other warranty, 0uarontee, or representation, express or imp|ied, in connection with this Agreement, the performance ofthe 8erioaoor (nany repo�. opinion orother document developed aopa�ofthe Services. � ARTICLE III: CONFIDENTIALITY PATRICK shall maintain as confidential such information obtained from CLIENT or developed as part of the Services as CLIENT expressly designates in writing as confidential. This obligation shall not apply to information which is or comes into the publicdomain hi h PATRICK is required to disclose by any of PATRICK's insurers as it r lates to a claim or incident that may generate a possible claim, law or order of a court, administ ative agency or other legal authority. Unless otherwise agreed, PATRICK may use and publ sh CLIENT's name and a general description of the Services in describing PATRICK's exPerience to other clients or potential clients. ARTICLE IV: SITE ACCESS, SUBS CLIENT shall provide PATRICK with lawful access to the;oitm(u) where the Services are to be performed. CLIENT shall defend PATRICK from any chaenge to such right-of-entry and shall indemnify and hold harmless PATRICK from any claims of trespass which may occur. PATRICK will take reasonable measures to minimize damage to the site and disruption of operations thereon, however, CLIENT acknowledthat certain proceduresdamage land or disruption (e.g., without limitation, soil borings), anp that PATRICK shall not be liable for such damage or disruption, and the correction of which shall not be PATRICK's responsibility unless otherwise agreed to in writing by the parties. CLIENT shall supply PATRICK with information on the existence and location of underground Utilities, structures and other hazards, including hazardous wastes or hazardous substances, at any site where the Services are to be performed. PATRICK shall be entitled to rely on the accuracy and completeness of information furnished by others (including the location of underground utilities and data on subsurface 1. conditions) and will not conduct independent evaluation th reof unless specified in the scope of Services. PATRICK shall not be liable for damage to nderground utilities or structures not disclosed in writing or incorrectly disclosed to PATRICK and CLIENT agrees to defend and indemnify PATRICK at its sole expense for any claims ag inst PATRICK arising from CLIENT's failure in this regard. Patrick Engineering Inc. Partnering to Build Better lnfratructure 022806r5 Page 1 of 6 ' � PATRICK CLIENT PROEAGREEMENT ENGINEERING INC. FOI PROFESSIONALSEmv/CES INCL DING THE STANDARD ADDENDUM FOR ENVIRONMENTAL AND/OR GEOTECHNICAL SERVICES ARTICLE V: BILLING, PAYMENTS AND COLLECTION Unless otherwise agreed, CLIENT shall pay for the Services in d with PATRICK's schedule of Standard Charges in effect at the time the Servi es are performed. Invoices will be submitted monthly and are due upon receipt. If CLIENT s to an invoice, CLIENT shall notify PATRICK in writing within fifteen days of receipt of the invoic , give the reasons for the objection, and pay that portion of the invoice not in dispute within thirty days of receipt of the invoice. Any unpaid, undisputed invoice of 1.5 percent per month. PATRICK shall have the right to terminate this Agreement upon ten iti days notice if payment as to any undisputed invoice is sixty days past due. CLIENT agrees to reimburse PATRICK its full costs of collection of any amou s due and unpaid after sixty days, including reasonable attorney's fees, court costs and the re sonable value of PATRICK's time spent on collection of such amount . ARTICLE VI: INSURANCE AND LIMITATION OF LIABILITY ilV PATRICK carries substantial insurance coverage including orkers Compensation, Employer's Liability, Commercial General Liability (including contraotu Commercial Automobile Liability and Professional Liability. A copy of PATRICK'S nu ent insurance coverages and limits is available upon CLIENT's request.. The parties have assssed the relative risks and benefits which will accrue to each in the performance of the Service and have agreed that PATRICK's total aggregate liability to CLIENT (or anyone claiming by through CLIENT) for injury to person or property, claims, damages, expenses, costs or I sses of any kind, from any cause whatsoever, shall not exceed the total insurance proceeds p id on behalf of or to PATRICK by its insurers in settlement or satisfaction of such claims. If insur nce coverage is not provided, then the total liability of PATRICK for such uninsured claims sl-iill not exceed the total fees paid to PATRICK under this Agreement or $25,000, whichever is leSs. In no event shall either party be liable to the other in contract or tort for consequential or incidental damages including, but not limited to, lost profits or losses from interruption of business. ARTICLE VII: INDEMNIFICATION (A)To the fullest extent permitted by law, PATRICK shall indomnify, defend and hold CLIENT, its employees and agents, harmless from and against all dema6ds, claims, suits, liabilities and costs including reasonable attorneys fees and litigation costs ("Claims") caused by or arising out of the negligent acts, errors or omissions, or willful misconduct of PATRICK, its emp|oyeea, agents or subcontractors except to the exhent, if any, that any such Claims results from the negligent acts, errors or om(aaions, or willful misconduct of CLIENT, its emp oyees or agents. (B) To the fullest extent permitted by law, CLIENT shall indernnih/, defend and hold PATR|CK, its emp|oyees, agents and subcontractors harmless from and against all damanda, claims, suits, liabilities, fines, penalties, and costs including reasonable ttorneys fees and costs of litigation ("Claim") caused by or arising out of(i) any conditions exis ng on or beneath CLIENT's property at the time of performance of the Services, including, but no limited to, pollution or contamination of property or (ii) the negligent acts, errors or omissions, or willful misconduct of CLIENT, its employees, agents or contractors except to the extent, if aby, that any such Claim results from the negligent acts, errors or omissions, or willful misconduct of PATRICK, its employees, agents or subcontractors. The indemnity obligations stated herein shall survive the termination of this Agreement. ARTICLE VIII: NOTICE OF CLAIMS; COOPERATION If CLIENT discovers any facts that might give rise to a dlim arising out of the negligent act . errors or omissions or willful misconduct of PATRICK, its emp|oyeeu, agents or subcontrmuboro. CLIENT shall immediately notify PATRICK of same in iUng. PATRICK shall be entitled to contest any such claim with counsel selected by PATRICK or its insurer and shall be entitled to control any litigation relating to such claim. CLIENT shal not settle or compromise any such Patrick Engineering Inc. Partnering to Build Bemeronfrastmcture 022806r5 Page 2 of 6 . ' 0~����vm�����n��r ��L|ENT ��F���JECT ��K�RGENUGNT m~_�~�� � ENGINEERING INC. FOR PROFESSIONAL SERVICES INCLVDING THE STANDARD ADDENDUM FOR ENVIRONMENAL AND/OR GEOTECHNICAL SERVICES I claim without PATRICK's prior written consent and CLIENT shall cooperate with PATRICK and its insurer in connection with the defense of any such claim. ARTICLE IX: WORKSITE SAFETY/PATRICK SITE VISITS PATRICK will comply with CLIENT's rules and regulations governing PATRICK's activities on CLIENT's premises to the extent that the same are provided to PATRICK prior to the start of the Services. PATRICK will be responsible only for the on-Site activities of its employees and subcontractors. If thServices include site visits, for | to monitor construction activities for compliance with plans and specifications, the responsibility or authority for supervision or control over work or worksite oafaty, shall have no right to stop the work and shall have no resp nsibility or authority for the means, methods, techniques, sequencing or procedures of constructkn. ARTICLE X: REUSE OR ALTERATION OF DOCUMENTS Documents prepared by PATRICK are instruments of its services and PATRICK retains all common law, statutory and other reserved rights, including c pyright. The documents are for the exclusive use of CLIENT on the project identified in the Sc e of Services. PATRICK assumes no responsibility if the documents are reused by CLIENT or others on any other project. In the event that others alter the documents without PATRICK's authorization, any and all liability arising out of such alteration is waived as against PATRICK, and CLIENT rf such changes. Where PATRICK has used due care in the el ctronic or disk transmission of data, information or documents to CLIENT and its agents, CLIE T shall be responsible for and bear the risk of loss or damages resulting from (i) errors or defe ts introduced by such transmission, (ii) CLIENT's or its agent's automated conversion or refo matting of the data, information or documents and (iii) deficiencies, defects or errors in CLIENTis or its agent's software or hardware utilized to receive, transmit, utilize, format or reproduce the data, information or documents. ARTICLE XI: DELAYS Except for the obligation to pay monies owed, neither CLI NT nor PATRICK shall be liable for any fault or delay caused by any contingency be / ino(uding. butnot|imitmdtn. de/ay caused by any third party, any additions or modifications o the Services to be performed by PATRICK under the Agreement, weother, acts of God, vvarin. terrorism, labor diuputea, material ahortage, delay in obtaining any permits, fires, or demands or requirements of governmental agencies. ARTICLE XII: SUCCESSOR, ASSIGNS This Agreement shall be binding upon the parties and theirli respective successors and assigns. Neither party shall assign its interest in this Agreement without the prior written consent of the other. ARTICLE XIII: TERMINATION This Agreement may be terminated by either party upon wri ten notice to the other. Upon receipt of notice of termination from CLIENT, PATRICK shall i mediately cease work and take all reasonable steps to minimize costs relating to terminati n. CLIENT shall pay for services rendered through the date of receipt of notice of termination, plus any unpaid reimbursable expenses and reasonable costs relating to the termination, ihcluding reassignment of staff. ARTICLE XIV: SEVERABILITY If any term of this Agreement is held to be invalid or unenforceableas a matter of law, such term shall be deemed reformed or de/etad, but only to the extent necessary to comply with legal requirements. The remaining provisions of this Agreement Shall remain in full force and effect. Patrick Engineering Inc. Partnering to Build Better lnfrasructure 022806m Page 3 of 6 ' PATRICK �� AGREEMENT - PROJECT ENGINEERING INC. F��EKPROFESSIONAL SERVICES INCLUDING TI-JE STANDARD ADDENDUM FOR ENVIRONMENiAL AND/OR GEOTECHNICAL SERVICES ARTICLE XV: APPLICABLE LAW This Agreement shall be governed by and construed in accoidance with the laws of the State of Illinois. ThepsdieotothiaAgneomentagremthmtany|itigaUohunderorrm0ardingth/oAgnemment will be brought only in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois. ARTICLE XVI: ATTORNEY'S FEES In the event PATRICK prevails in any litigation to enforce provision of this Agreement, itohaUbeentitled toits reasonable attorney's fees and onn(o�nmCL|ENT� [ ARTICLE XVII: ENTIRE AGREEMENT CL|ENT, by the undenoignod, acknowledges that it has read this Aoreenoent, understands it and agrees to be bound by its terms. The terms and conditions bf this AQnaement, together with the PATRICK proposal (including attachments thereto) and any pplicabIe Addendum, constitute the entire Agreement between the parties and supersede all 9riororal or writtenrepresentations, understandings and agreements. The parties agree that ny purchase orders, work orders, acknowledgments, form agreements or other similar docum nts delivered to PATRICK shall be null, void and without legal effect to the extent that they con ict with the terms of this Agreement or any Addendum attached hereto. This Agreement may be amended or modified as set forth in Article I or by a written instrument signed by both parties. Pich person signing below represents that he or she has full legal authority to bind the parties to the terms and conditions contained in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agrament to be executed by their duly authorized representatives, as follows: HEY& ASSOCIATES NC. PATRICK ENGINEERING INC. - \ � d�� _ ^�� � ^ Signature .ir-^ ' [^- .' 2:3wic-. ��c-��.)t� Printed Name Printed Name / V\Cc ' /36-C, - �~- - "� j�' L/ . ` Title Title @v\Pi~` �1� ` ~3~DL)l \yk'��+� - �-�� x_m=�-�' Date Date ^ / Ref: Patrick Engineering Inc. Partnering to Build Better Infrasti'uxuwe 022806mPage 4 of 6 ' � ��LxJ ENT �»�K��JECT ����RGEM0ENT PATRICK FOR PROFESSIONAL SERVICES ENGINEERING INC. INCLL DING THE STANDARD ADDENDUM FOR ENVIRONMENTAL AND/OR GEOTECHNICAL SERVICES Standard Addendum for Environmental and/orGeotechniScal Services SECTION 1-AGREEMENT. This Addendum is made a part of the attached Client ProjeCt Agreement and is incorporated as though fully set forth therein. SECTION 2-POTENTIAL FOR DAMAGE TO PROPERTY. PATRICK shall backfill borings or excavations upon complietion of its work in accordance with the scope of services. CLIENT acknowledges that bacIFfill may settle over time, requiring additional filling to avoid hazardous or unsafe conditions. CLIENT agrees that PATRICK shall not be responsible for additional bmukfiUing, or liable for in'ur/ea or damage caused by settled backfill. SECTION 3-POTENTIAL FOR CROSS-CONTAMINATION. CLIENT acknowledges that commonly used methods ofsubsurface invasUgmdon, such as soil borin0o, trenching and oomp|ing, may penetrate through a contaminated area and create a subsurface pathway for environmental contamination to reach uncontaminated soil or groundwater ("cross-contamination"). While backfilling with grout (or using other generally accepted means) is intended to seal such pathwmys. CLIENT acknowledges that such a seal may be imperfect and agrees not to hold PATRICK or its subcontractor liable or responsible for such cross-contamination unless caused directly by a grooS|y negligent act, error or omission of PATRICK or its subcontractor. SECTION 4-DISPOSITION OF SAMPLES, CUTTINGS AND� EQUiP08ENT. No samples of soil or rock will be kept by PATRICK longer than sixty days after submission of PATRICK's neport, unless otherwise agreed. If samples Collected by or received by PATRICK as part of the Services contain or are suspected to containi petroleum hydrocarbons, Hazardous 8ubobancea, Hazardous Constituents or other pollutants as defined by federal, state or local laws (collectively referred to herein as "Hazardous Substances'') PATRICK will, after completion of testing, (1) return such samples to CLIENT, or (2) using a manifest signed by CLIENT as generator, have such samples transported to a location selected by CLIENT for final disposal. CLIENT agrees to pay all costs associated with the storage, transport and disposal of samples. CLIENT acknowledges and agrees thatPATRICK assumes title to such contaminated samples or materials. Unless otherwise agreed, drill cuttings and fluids generated during drilling and samplin operations which are suspected of containing Hazardous Substances will be placed by PA RICK in properly labeled drums and CLIENT shall take responsibility for lawful removal, tran port and disposal of these materials. All laboratory and field equipment contaminated k4ith Hazardous Substances during performance of the Services which cannot be reasonat* decontaminated shall become the property and responsibility of the CL|ENT, for which CLIENT shall pay PATRICK fair market value. � SECTION S-DVS��OVER����F0N��NTI��IPATEQC��NC�UTIw^NS' Discovery of unanticipated Hazardous Substances, obntrunUonu, underground utilities or other latent obstructions to the rfo of the Services shall constitute a changed condition mandating termination of the Servi unless PATRICK and CLIENT are able to negotiate equitable adjustments to the scope c� oerviceo. PATRICK's compensation Patrick Engineering Inc Partnering to Build Bettnrw8rasirucurn 022806r5 Page 5 of 6 . ^ ���'�� ��LISNTPROJECT ��GRE2MENT ENGINEERING m~~o��m0 m~�0m*�'��� � - - - - - -- -- - — F��� �nRK�FESSY��N��L ��ERVICES INC. INCLIDING THE STANDARD ADDENDUM FOR ENVIRONMEN1AL AND/OR GEOTECHNICAL SERVICES and/or the time for performance. PATRICK will promptly n9tify CLIENT if such conditions are encountered. SECTION 6-NO GUARANTEE. Because geologic and soil formations are inherently rand i bi and indeterminate in nature. PATRICK's opinions (including opinions regarding otential clean-up costs or quantity estimates) are not guaranteed to be a representation of ctual site onnditiuns, the extent or quantity of oonbaminaUom, or cnota, which are also oubieut| to change with time as a result of ^ natural or man-made processes. � SECTION 7-ENVIRONMENTAL INDEMNIFICATION. Without limiting in any way CLIENT's indemnity obligatiL Set forth in the Agreement, CLIENT further agrees that, to the fullest extent permitted by law, CLIENT shall indemnify, defend and hold PA7R|CK, its employoes, agents and aubnontractOrn harmless from and against all dernondn, claims, ouita. liabilities and costs including reasonable attorneys fees and costs of litigation ("Claims") caused by or resulting from (a) CLIENT'S violation of any federal, state or local ubutuha, regulation or ordinance relating to the management or disposal of Hazardous Substances, (b) CL|ENl-n undertaking of or arrangement for the hmnd|ing, removal, bambnant, ato,mQm, transportation or disposal of Hazardous GububanCeo; or (c) the praoenoe, disoharge, ne\emme, or escape of Hazardous Substances at, on, under or from any site at which the Services are pmrformed, except to the extent that such Claims are shown by final judgment to have been caused by the negligence or willful misconduct of PATRICK, its emp|oyeae, agents or subcontractors. Patrick Engineering IncPartnering to Build Better lnfrasructure 022808r5 Page 6 of 6 e City of Elgin Agenda Item No. cr . 4I k V ' • ., % May 4, 2007 TO: Mayor and Members of the City Council 1 k FROM: Olufemi Folarin, City Manager Joe Evers, City Engineer 1-- --) ---,, ,,,,/,,natir.,,fabtr ( u), C;ovrItimr ht SUBJECT: Amendment No. 1 to the Engineering Services Agreement for the Compensatory Storage Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 1 to an engineering services agreement with Hey and Associates for design of the Compensatory Storage Project. RECOMMENDATION rik It is recommended that City Council approve Amendment I\I . 1 in the amount of$53,635, and authorize staff to execute the necessary documents. BACKGROUND At its meeting on September 13, 2006, the City Council auth rized an agreement with Hey and Associates to develop bid documents for a compensatory s orage project related to the flood plain filling on South Grove Avenue at Prairie Street, Chi ago and Grove, and Kimball and Grove. The filling was required to remove parcels from the flood plain to allow for the construction of various developments in the Central Business District. As a condition of preparing the bid documents, a preliminary environmental study was completed. The preliminary environmental study revealed p?tentially contaminated soils within the proposed site of the compensatory storage project. Thei attached amendment will add the necessary services to complete a final environmental study which will confirm whether or not contaminated soils do exist at the site and provide remedies for treatment/removal. In addition to the study, the amendment includes engineering effort to coordinate the project with the Illinois Department of Natural Resources (IDNR) because the proposed site was originally purchased with Open Space Land Acquisition and Development (OSLAD) grants in the early 1970's. The additional engineering effort will include mrtings, designs and concept plans necessary to prove compliance with the OSLAD grants. rik . .- r Amend No. 1 for Compensatory Storage Project May 4, 2007 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 011iji NANCIAL IMPACT The amendment will add $53,635 to the original agreemei4 with Hey and Associates in the amount of$166,450 for a total of$220,085. Funds for this roject are located in the Riverboat Fund, account number 275-0000-791.92-32, "Land Improvements", project number 039691, "Riverfront Compensatory Storage" ($500,000 budgeted and available). LEGAL IMPACT AATI/h/one ALTERNATIVES 1. The City Council may choose to approve the Ameindtnent No. 1 to the Engineering rService Agreement for the Compensatory Storage PrTct. 2. The City Council may choose not to approve the Amendment No. 1 to the Engineering Service Agreement for the Compensatory Storage Prc•ject. This alternative will require locating a new site appropriate for the compensatory storage. Respectfully submitted for Council consideration. (do) Attachment r