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HomeMy WebLinkAbout04-283 Resolution No. 04-283 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH V3 CONSULTANTS, LTD. FOR SITE PREPARATION FOR DEVELOPMENT OF THE CASA LINDA PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,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 V3 Consultants, Ltd. for site preparation for development of the Casa Linda property,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: October 27, 2004 Adopted: October 27, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • AGREEMENT THIS AGREEMENT,made and entered into this 7Thday of 0 ci'-6$ete2004,by and between the CITY OF ELGIN, an, Illinois municipal corporation (hereinafter referred to as "CITY") and V3 Consultants, Ltd., an Illinois corporation authorized to do business in the State of Illinois (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Site Preparation for Development of the Casa Linda Property t3 (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, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the ENGINEER agree that the City does hereby retain the ENGINEER to act for and represent the City in the engineering matters involved in the Project as set forth herein subject to the following terms 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 after referred to as the "DIRECTOR". B. The ENGINEER shall provide the services for the Project as set forth in the detailed Scope of Services attached hereto and made a part hereof by reference as Attachment A. - 2 - II. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under. B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted-monthly as a component of the Status Report described in C. below. C. The Engineer will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited too, 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 $70,650.00 Dollars, regardless of actual Costs incurred by the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in writing by the CITY. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the CITY. Invoice Date Task Amount November 10, 2004 #1 —Data Collection(100%) $4,130 #2—Conceptual Floodplain Analysis(100%) $2,650 Invoice Total: $6,780 December 10,2004 #4—Wetland Mitigation&Enhancement(30%) $2,670 QC/QA/Project Admin (10%) $625 Invoice Total: $3,295 January 10, 2005 #3—Site Topographic Survey(75%) $2,955 QC/QA/Project Admin (10%) $625 Invoice Total: $3,580 February 10,2005 #5—Prelim Plans/Alternatives (80%) $6,800 #4—Wetland Mitigation&Enhancement(30%) $2,670 QC/QA/Project Admin (30%) $1,875 Invoice Total: $11,345 March 10, 2005 #6—Final Plan Preparation(80%) $20,956 #5—Prelim Plans/Alternatives(20%) $1,700 #4—Wetland Mitigation&Enhancement(40%) $3,560 QC/QA/Project Admin (40%) $2,500 In House Direct Cost(40%) $684 Invoice Total: $29,400 April 10,2005 #6—Final Plan Preparation(20%) $5,239 QC/QA/Project Admin (5%) $313 In House Direct Costs(60%) $1,026 Invoice Total: $6,578 Spring 2005 #7—Bid and Review Assistance(100%) $1,640 Invoice Total: $1,640 Summer/Fall 2005 #8—Construction Eng. Services(100%) $6,735 #3—Site Topographic Survey(25%) $985 QC/QA/Project Admin (5%) $312 Invoice Total: $8,032 Project Total: $70,650 - 4 - • V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 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, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article VI, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 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 - 5 - 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 To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive the completion and/or any termination and/or expiration of this agreement. 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 written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. - 6 - The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry 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, 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. - 7 - 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. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. • - 8 - XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 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. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 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. - 9 - 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 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. 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 Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. 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, - 10 - 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: JOHN LOETE,P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DERRICK MARTIN, P.E. Project Manager V3 Consultants, Ltd. 7325 Janes Ave., Suite 100 Woodridge, IL 60517 • 11 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: ATTEST: THE CITY OF ELGIN By City Clerk City Manager (SEAL) For the ENGINEER: Dated this 5th day of October, A.D., 2004. ATTEST: By By Secretary President June 2002 Std Agmt ATTACHMENT A SCOPE OF SERVICES The following professional engineering services will be performed to provide a conceptual floodplain analysis for the Casa Linda property: 1: DATA COLLECTION - EVALUATION OF EXISTING DOCUMENTS AND RECORDS • Review of existing documents (to be provided by the CLIENT): - Floodplain and Flood Insurance Study for the subject area - Wetland inventory maps - Soil Reports - Legal processes and code violations - Utility atlases - Various site plans and files - Willard Avenue reconstruction project and related files - County or City aerial 2-foot topo • Evaluation of the existing documents and records taking into account the requested scope of services. • Meet with the City staff to discuss the findings and to establish the goals and objectives of the project (one meeting). 2: CONCEPTUAL FLOODPLAIN ANALYSIS • Preliminary evaluation of maximum buildable area based on local and county ordinances. This evaluation will be based on the topographic information that is available for the Casa Linda property and the regulatory BFE for the site. • Meet with City of Elgin to discuss site optimization evaluation with City staff to determine the feasibility of proceeding with current project objectives (one meeting). If the current project objectives are determined to be unfeasible, the City may evaluate other options such as revising the project objectives or terminating the project (and subsequent phases of this contract). 3: SITE TOPOGRAPHIC SURVEY Description of Survey Area 1. The vacant property to be topographically surveyed is located north of Anderson Avenue and east of and adjoining Willard Avenue, in Elgin, Illinois. The legal • description of the property is known as Kenilworth Oaks Unit 1 subdivision along with Kenilworth Oaks Unit 2 subdivision. (Approximately 8.2 acres±). 2. The limits of the topographic survey shall extend 25 feet beyond the north, east and south property lines and to the centerline of Willard Road. Product 1. Survey will be a CAD-generated topographic map oriented with north to the top or right. 2. Map will show general notes, a north arrow, graphic scale, vicinity map, brief legal, and legend of all potential symbols. 3. Scale of survey will be as necessary to show all topographic information in a clear and legible manner or as requested by the CLIENT prior to commencement of survey work. 4. Upon completion of the topographic survey, CONSULTANT will deliver three (3) prints of the drawing to the CLIENT. Description of Services A. Topography 1. Record a minimum of two permanent benchmarks at the site. Elevations will be referenced to a datum commonly used at the site. Typical datum's used are the National Geodetic Vertical Datum of 1929 (NGVD29), and the North American Vertical Datum of 1988 (NAVD88). If an assumed local or other datum is used, an equation relating said datum to NGVD, or NAVD may be indicated on the map. Description of location and elevation of the source benchmark to which the topographic mapping and site benchmark's are tied to, will be indicated on the survey. 2. A contour map with 1'-0" contour intervals will be prepared from field spot elevations. Spot elevations obtained in the field will be of sufficient quantity to generate a contour map, which properly represents the ground surface. Additional elevations will be indicated on the map as required to establish accurAtkk profiles (including all changes or breaks in grade) and cross-sections of v" s,curbs, gutter, pavement edges, and centerlines. 3. Finished floor or top of foundation elevation(s) of existing buildings within the Survey Area. 4. Spot elevations will be shown to the nearest 0.01 foot on all "hard surfaces" and utility structures. Spot elevations in unpaved areas such as grass and dirt shall be accurate to the nearest 0.1 foot. 5. Pavement types such as concrete, asphaltic concrete, gravel, etc. will be indicated. 6. Existing improvements, buildings, and surface features shall be located. 7. No individual tree survey included in the scope of topographic mapping services presented herein. Only general outlines of tree and brush limits shall be shown. 8. Mean elevations of water in retention ponds, lakes, or streams will be shown as depicted at the time the survey field work was conducted. 9. Top of curb, flow line, and edge of pavement elevations of all roadways and streets within and directly adjacent to the survey area. B. Utilities The Topographic Map will incorporate information on existing utility systems adjoining or contained within the Survey Area which are obtained from village/city departments or utility companies responding to written or verbal requests for utility records through the Joint Utility Locating Information for Excavators (J.U.L.I.E.) Design Stage/Planning Information Process and available for the CONSULTANTs use at the time of the survey. Records or Atlas information that is provided to the CONSULTANT after completion of the survey can be provided to the CLIENT or engineer. Field markings by J.U.L.I.E. members, which are coordinated by others, shall be shown on the map if present and practical at the time of survey. The following list contains typical information provided for the specific utilities located which are above ground and visible at the time of the survey. Snow cover, earth or construction debris covering typically above ground structures may not be located. 1. Sanitary and Storm Sewers: Size, type and direction of pipes; rim and invert elevations. Location of manholes, inlets, catch basins, and end sections. 2. Water Mains: Size, type and direction of pipes, top of pipe elevations, location of valves and hydrants. 3. Gas Mains: Location of valves and mains if marked in the field at the time of the survey. 4. Telephone, Electric, and Cable TV pedestals and transformers. 5. Traffic and Street Light poles and cables if marked in the field at the time of the survey. } 6. Visible evidence of field tiles or those marked in the field at the time of the survey. 7. Other utilities not listed above and occurring within the Survey Area will be shown in a similar manner. Utilities and improvements shall be shown based on visible field verified structures. CONSULTANT shall only show underground utility lines connecting structures that he/she is certain of. In areas where structures are not shown connected, CONSULTANT recommends that the CLIENT contract a specialist to perform a die or other sub terrain exploratory test Record Grading Survey Prepare a Record Grading Survey of the site after the site has been re-graded. This shall be performed once. Other improvements, if existing, will not be shown. Miscellaneous Contractual Items The foregoing Topographic Map shall not constitute a Boundary Survey. Boundary information may be referenced on the Topographic Map, if such information is provided by CLIENT. Schedule CONSULTANT will initiate its services promptly upon receipt of CLIENT's acceptance of this proposal and anticipates completing said services within three to four (3-4) weeks from the Notice-to-Proceed, weather permitting. 4: WETLAND MITIGATION AND ENHANCEMENT Wetland Delineation and Assessment Report A. Wetland Delineation. A botanist and a soil scientist from our Watershed Services Division will conduct a detailed field investigation to locate and delineate wetlands in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual. The limits of delineated wetlands will be staked in the field, and approximate boundaries will be mapped on a recent large-scale aerial photograph, based on our field assessment of the vegetation, soils and hydrology at the site. B. Wetland Assessment. Wetland assessment is required by the Chicago District, US Army Corps of Engineers (ACOE). Wetland assessment involves an evaluation of wetland characteristics, including wildlife habitat quality, the presence of threatened and endangered species, water quality functions, and plant community quality. As part of the wetland assessment, record inquiry letters or forms will be submitted to the Illinois Department of Natural Resources (IDNR) and the US Fish and Wildlife Service (USFWS). Wetland Assessment also includes a preliminary jurisdictional determination for isolated or adjacent wetlands. Delineated wetlands will be evaluated for their status as a High Quality Aquatic Resource (HQAR), using Chicago District criteria. C. Wetland Delineation Report. A wetland report will be provided with the results of our field investigation, including the location and approximate size of wetlands 1 Pursuant to a US Supreme Court decision on January 9, 2001, wetlands isolated from a surface water tributary system are not jurisdictional. Preliminary jurisdictional determinations as provided by V3 are not certified and may be subject to revision on review by a regulatory agency. A final jurisdictional determination for any alleged isolated wetlands may need to be conducted by the Chicago District, US Army Corps of Engineers. Local jurisdiction may supersede ACOE jurisdiction in some cases. present, a wetland quality evaluation, a Floristic Quality Assessment (FQA), and the wetland assessment. Floristic inventories and detailed soil classification data for each area investigated will be provided in the report. Areas determined to be wetland on the property will be shown on a recent, large-scale aerial photo exhibit. U.S. Army Corps of Engineers (ACOE) and Kane County Department of Environmental Management (DEM) wetland permitting and/or mitigation requirements will be addressed in the report. The wetland report also will contain detailed technical documentation for review and approval by the ACOE, DEM, and/or the City of Elgin. D. Wetland Boundary Survey. Surveying of the staked wetland areas will be performed as part of the Site Topographic Survey. E. ACOE Wetland Jurisdictional Determination Request. The City of Elgin is a full waiver community that conducts reviews under the Kane County Stormwater Management Ordinance (Ordinance). As part of the wetland review, the City of Elgin typically requires a jurisdictional determination letter from the ACOE. V3 will submit a jurisdictional determination request to the ACOE once the wetland delineation report is available. If the ACOE requests a field verification meeting, V3 will prepare for, schedule, and attend the field verification meeting. Wetland Permitting A. Wetland Submittal Application. It is assumed that the project would involve wetland impacts, however, it is probable that the ACOE will determine the wetland area to be isolated. V3 will prepare and submit to the City of Elgin the wetland submittal portion of the Kane County Stormwater Management Submittal in accordance with the wetland provisions of the Ordinance. This includes completion of a wetland impacts and mitigation permit application and submittal coordination with the City of Elgin, the City review consultant and/or DEM. B. Response to Comments. V3 will provide additional information requested by the reviewer as part of their review process, if necessary. The level of detailed response will be dictated by the extent and nature of the review comments. C. ACOE Permit Application. It is assumed that this phase will not be required due to the potential isolated characterization of the existing wetlands. The following scope of services will be completed by V3 subject to a supplementary agreement, if required. If the ACOE determines the wetland area to be under ACOE jurisdiction, V3 will prepare and submit to the City of Elgin a Regional Permit application to the U. S. Army Corps of Engineers, Illinois EPA and other required agencies. It is not anticipated that an Individual Permit application would be required, provided the wetland area does not qualify as a HQAR and that the buffer requirements of the Regional Permit Program can be met without filling wetland to create buffer. The initial Corps application package would consist of the following: 1. Cover letter, which includes a discussion of avoidance and minimization of wetland impacts 2. Site Development Plan 3. Joint Application Form 4. Agent Authorization letter 5. Wetland Delineation and Assessment Report; and 6. Preliminary Soil Erosion and Sediment Control Plan Wetland Mitigation A. Fee-In-Lieu of On-Site Wetland Mitigation. V3 will prepare an opinion of probable cost to construct, monitor, and manage a wetland mitigation facility for five years, as if the proposed method was on-site mitigation. Assuming mitigation credits are available from a wetland mitigation bank, V3 will also prepare an opinion of probable cost of satisfying the mitigation requirement through the purchase of credits from a wetland mitigation bank. The fee-in-lieu of wetland mitigation shall be the lesser of the above estimates. B. On-Site Wetland Mitigation Drawing and Summary Document. Under a supplementary agreement if the City of Elgin chooses to satisfy the mitigation requirement by conducting on-site mitigation, V3 will prepare a wetland mitigation design drawing and summary document that will illustrate the compensatory activities proposed for the wetland impacts. The drawing will show the proposed contours necessary for the mitigation areas, proposed plant communities and species to be established. The document will include detailed information on the soils, anticipated hydrology, and plant communities for the proposed wetland mitigation areas and also outline the Corps required 5-year management and monitoring period. The drawing and document will be provided to the Corps as part of the permit application package. C. General Hydrologic Assessment. Under the supplementary agreement, V3 will conduct a general hydrologic assessment to provide basic information to guide the wetland mitigation plan. The information generated from this evaluation will include hydrographs (depth and duration of flooding) to assess the proposed habitat condition of the wetland mitigation areas. This information will be used to select the types of wetland species for the mitigation areas and will be included in the hydrologic write-up in the mitigation document. Wetland Meetings and Project Coordination A. Wetland Meetings and Project Coordination. V3 is available to attend meetings with the CLIENT, project engineer, City of Elgin, project contractors, and/or other agency personnel, as required. We also are available to attend one pre-application meeting with the City of Elgin and/or the DEM. This task includes project meetings and minimal project coordination not requiring a separate agreement. This task may include some work outside the scope of this proposal. The extent of the additional work may be dictated by a regulatory agency review or by requests for additional information from the CLIENT, project engineer, and/or project contractors. If the additional service requested appears to be substantial, it may be provided as the subject of a separate agreement. 5: PRELIMINARY PLANS / ALTERNATIVE DEVELOPMENT • Prepare Preliminary Design Plans to include the following: - A maximum of three (3) alternative preliminary site geometrics and paving plans that include the layout of the building pad, athletic field and parking lots. - Preliminary Utility Plan with horizontal and vertical layout of the storm sewer systems. Perform an existing utility investigation to identify potential utility access locations (sanitary and water main) for each alternative site plan. - Preliminary Grading Plan. - Construction Details for the sitework aspects of the project. • Based on the Preliminary Grading Plan, V3 will perform a preliminary cut/fill analysis to determine the approximate site earthwork balance that accounts for compensatory storage and wetland mitigation, including the compensatory storage requirements for Willard Avenue improvements2. • Assist CLIENT in preparing a project budget for the sitework portion of the development and prepare an Engineer's Opinion of Probable Construction Cost for the proposed alternatives (excluding the proposed building). • Meet with the City of Elgin to discuss the proposed alternatives with the appropriate agencies and public groups with jurisdiction or interest in the project area, and with the City staff for selection of the final alternative for the site improvement (maximum two meetings). 6: FINAL PLAN PREPARATION Based on the selected alternative and corresponding analyses, calculations and documentation for permit applications, final construction plans and documents will be prepared. Site Engineering • Placement of fill in the floodplain fringe and the corresponding compensatory storage required for the proposed site and Willard Avenue improvements. The compensatory storage requirements for the subject site improvements will be determined based on the existing Flood Insurance Study data. This site is not within a regulatory floodway, therefore, no additional hydrologic and hydraulic analyses will be performed as part of this project. • Site mass grading to include detention facilities, compensatory storage areas and wetland mitigation and/or enhancement areas. 2 Considering the subject property is located entirely within the floodplain, the Willard Avenue improvement project should take into account the possibility of removing the roadway from the floodplain area in order to provide an emergency access to the property during flood events. • Stormwater management facility. V3 and the City of Elgin will evaluate whether the detention required for the future development of the Casa Linda property will be provided in an off-line detention area, or on-line within a combined compensatory storage/detention facility. On-line detention volume will require a variance to be granted from the Kane County Stormwater Ordinance. This decision will be the responsibility of the City of Elgin. • Prepare detention, compensatory storage and storm sewer sizing calculations in accordance with the requirements of local municipality. • Prepare Final Engineering Plans to include the following: - Site grading plan showing floor elevations, site berming and open area grading that includes detention facilities, compensatory storage areas, and any wetland mitigation/enhancement areas. - Site Utility Plan to include storm sewer systems associated with detention facilities, compensatory storage areas, and wetland mitigation/enhancement areas. Site Utility Plan will also show any identified existing utilities (sanitary, water main, etc.). - Erosion and sediment control details and specifications - Details, Technical Specifications and General Notes required to provide appropriate information to construct the proposed site improvements. • Prepare an "Engineer's Opinion of Probable Construction Cost" for the public improvements as required by the Municipality. Construction Documents and Permitting • Documentation for permit applications (predevelopment site preparation only) • Prepare the bid documents for the site (predevelopment site preparation only) • Prepare the final Engineer's Opinion of Probable Construction Cost (excluding the proposed building) and the estimation of permit costs • Assist the City during the bidding process, prepare bid tabulations, and make recommendation for award ALTERNATE SERVICES The following services are not specifically included in this proposal, but can be performed upon • agreement between the City and V3: i I • Per the RFP, soil reports are available for the site. Upon review of the soil information, additional borings may be requested by V3 to categorize the suitability of the existing soil to be used as fill. Upon agreement with the City, the additional borings will be performed by a subconsultant under a separate contract. • Stormwater permit submittal to regulatory agencies. In accordance with the RFP, V3 will prepare the documentation required for the City to submit the necessary permit applications at a later date. • Detailed on-site wetland mitigation design • Construction Engineering Services o Construction Inspection (10 Hours per Week over 4 Weeks Total) o Preparation of As-Built Drawings • Post Construction Engineering Services o FEMA LOMR Application — V3 will provide necessary exhibits and LOMR Request package for submittal to FEMA. This package will be prepared based on the necessary certified Record Grading (As-Built Survey) depicting field verified elevations and a fill certification provided by the CLIENT. The services to prepare the LOMR Request package do not include hydraulic modeling or stormwater management calculations. EXTENT OF AGREEMENT This agreement is for site-related improvements within the boundaries of the project site. Should additional infrastructure improvements be required beyond the boundaries of the project site, the services associated with those improvements will be the subject of a separate agreement. Furthermore, this agreement does not include services for: 1. Services associated with preparation for, and attendance at public meetings with applicable public agencies in excess of the number of meetings specifically included in the above scope of services, or services required in connection with obtaining zoning or variance approvals. 2. Survey services for Plats of vacation, Plats of easement dedication or other services not specifically included in the above scope of services. 3. Archaeological or environmental consulting services. 4. Structural engineering services of any kind including the design of site retaining walls or the design of underground stormwater detention facilities. 5. Final Engineering stormwater permitting services associated with the proposed site improvements. Based on interpretation of the RFP, it is assumed that the stormwater permit will be submitted at a later date by the City of Elgin. 6. Detailed on-site wetland mitigation plan and summary document and associated wetland hydrologic assessment. 7. Off-site utility improvements. The existing utilities are assumed to be adjacent to the subject property. 8. Services resulting from any significant modifications to the site plan by CLIENT or Owner after V3 has received authorization to proceed with a specific phase of work and has prepared its initial computer layout of the site. 9. Pump station design for water, stormwater, or wastewater. 10. Traffic impact study, traffic signal design services, or off-site roadway design services. 11. Electrical engineering design for site lighting. 12. Gas, electric, and telephone service design for the proposed building(s). 13. Landscaping or irrigation consulting services. 14. Geotechnical Consulting Services (See Alternate Services). 15. Floodplain hydrologic or hydraulic modeling. ATTACHMENT B SCHEDULE V3 has established the following preliminary schedule for the completion of this project. The schedule is subject to change based on the actual Notice to Proceed date. 1. Notice to Proceed October 8, 2004 2. Conceptual Analysis Letter & Exhibits October 29, 2004 3. Meeting to Discuss Conclusions November 2, 2004 4. Wetland Delineation & Assessment Report November 19, 2004 5. Site Topographic Survey December 22, 2005 6. Alternative Submittal to City of Elgin January 31, 2005 7. Review Meeting (Selection of Alternative) February 11, 2005 8. Pre-Final Plan Submittal to City of Elgin March 14, 2005 9. Final Plan Submittal to City of Elgin April 4, 2005 10. Bid Review and Assistance Spring 2005 11. Construction Engineering Services Summer— Fall 2005 • 0OF EEC' 0 City of Elgin Agenda Item No. tr 7 "TEDttt" 4yr, „"it k�4,1 Iil o October 8, 2004 ki'sii 1101IIiI11` . TO: Mayor and Members of the City Council ' lilt FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES, FROM: David M. Dorgan, City Manager JNql't AND OtA4LITYINFRASTRUCTURE John M. Loete, Public Works Director SUBJECT: Engineering Service Agreement for Casa Linda Site Preparation PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with V3 Consultants to provide engineering services associated with the preparation of the former Casa Linda Site for future building and amenities. RECOMMENDATION It is recommended that the City Council approve the engineering agreement with V3 Consultants totaling$70,650 and authorize staff to execute the necessary documents. BACKGROUND The City is considering a future facility at the former Casa Linda site. The concept for the facility includes a parking lot, a 30,000 to 35,000 square foot building, and outdoor recreation fields. The site is entirely within the Special Flood Hazard Area, or flood plain, and includes a wetland. Before considering any physical improvements to this site, the City must determine what efforts are necessary to modify the site such that the proposed future facility is appropriately protected from flood hazards. Once and if the City determines what is necessary and decides to move forward, design and bid documents to complete mass grading will need to be completed. To provide the engineering necessary to make the determination and prepare documents, proposals were solicited from four firms on September 1, 2004, including Christopher Burke West, V3 Consultants, Cowhey, Gudmundson and Leder and Huff and Huff. Cowhey, Gudmundson and Leder opted not to submit and Huff and Huff opted to submit with Hampton, Lenzini and Renwick. A staff selection committee evaluated three submitted proposals with V3 consultant being selected as the most qualified firm for the project. Eng Service Agreement for Casa Linda Site Preparation October 8, 2004 Page 2 A map depicting the site is included as Exhibit A, a copy of the selection results is included as Exhibit B, and a copy of the draft contract is included as Exhibit C. The scope of the attached agreement includes a feasibility stage, design stage and a construction stage. The schedule for the feasibility stage is approximately eight weeks whereas the design stage is approximately five months. The contract is set up to terminate engineering if the City decides that the site is not feasible for the intended use. The feasibility stage will include the evaluation of the maximum building areas based on current City flood plain ordinances utilizing existing data and topographical data. Once it is proven that the site can accommodate the City's expectations, the design stage will begin and said stage will include topographic surveying, wetland delineation, three preliminary plan layouts and final plan preparation. Finally, the contract includes construction observation services. Please note that the feasibility stage will be done without the benefit of knowing the exact limits and quality of the wetland. The wetland area could prove to be larger than anticipated at the feasibility stage which, in turn, could shrink the developable areas or required off site mitigation. Although V3 Consultant's contract does not include it, their proposal addresses additional work that could be added by amendment. However, current state statutes prohibit increasing the contract by more than fifty percent unless the original selection process is reinstituted. Should the City decide it is necessary, additional work identified by V3 in their proposal included wetland permitting under Army Corp jurisdiction, wetland mitigation, soil borings (which the City could provide separately), variance to the City's ordinance, and requesting a modification to flood plain maps. Also not included in the attached contact is the design of parking lots, landscaping, utilities or items associated with Willard Avenue. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 9 FINANCIAL IMPACT The cost of the agreement with V3 Consultants will total $70,650. No monies have been budgeted for this initiative within the 2004 budget or 2004-2008 Financial Plan. Funding for the engineering services agreement can be transferred from project number 037200, Metra Improvements, account number 275-0000-792.93-80, Riverboat Fund, where sufficient funds remain as a result of the project being completed below budget. Account number 275-0000- 791.92-32, "Land Improvements", project number 339823, "Elgin Recreation Center" will be charged. A budget adjustment will be necessary. i Eng Service Agreement for Casa Linda Site Preparation October 8, 2004 Page 3 LEGAL IMPACT The agreement must be reviewed by the legal department. ALTERNATIVES • 1. Approve the agreement for contractual services with V3 Consultants. 2. Request to negotiate an agreement with a different consultant engineering firm. 3. Do not approve agreement. Respectfully submitted for Council consideration. (do) Attachments Exhibit A Site Map ql ... ,t CASA LINDA Map i * y Flood Plain Evaluations i 4 t.1, re.,s:t .r x ,- 3> T ,: 1 :Lie a ;tau jr ` ,. 'ice b *8a J1P #d £rtr4,-.4idti„ , _ _ ._ 4_. " t ar °8 SP p t 3 t ry a h t � S r is _ ' .t - , .Jfi pz as s '72 �� For more information contact: Y �R - - 7' np A ,7" k' 4.' a f kg _ i , '"'i.' 11, W' :....W✓:,..w.,• - - - - ..Be = ui- cr ±# ° t V � :—„ " Y e i c y .. ` - z,•,S--, ,., 4. " 't : ,,,a, ,s Map created with CASSView Elgin x� r v� v August 12, 2004 10:26 AM ..,'„ _ri%r;..�. .51 _ - 4. fYfxt.i. •.da;$..�':.'s� _ -- _w 1t =� vdt',A:., :fi ti,-we� «.. ,..,�+. -i" ` Copyright 1998,1999 Data Dynamics .This is an evaluation copy. Visit www.datadynamics.com for more information. For support during evaluation please send email to support@datadynamics.com iimr t - AMERICAN bEMOLITION CORPORATION CORPORATE OFFICE: 305 Ramona Avenue•Elgin,IL 60120• Phone 708-608-0010• FAX 708-608-0060 July 10, 1996 Mr. Ray Moller City of Elgin 150 Dexter Court Elgin, IL 60120 RE: Casa Linda Apartment Complex Demolition Bid#95-098 Dear Ray: American Demolition Corporation(ADC)is currently completing the grading and topsoiling of the above project. The final grading was started on July 1, 1996,after the site had dried from all the rain that had occured in the spring. Anticipated completion of Grading and Topsoiling operations is Tuesday July 16, 1996. Anticipated completion of seeding is Friday July 19, 1996. The above dates are dependent upon continued dry weather. Should there be any further questions concerning this matter please don't hesitate to call. Sincerely, 7 , 2)w 116: Karsten D. Pawlik Project Manager cc:D.Pawlik-ADC 674LTR.02