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HomeMy WebLinkAbout20-77 Resolution No. 20-77 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE LAUREL STREET CULVERT REPLACEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with HR Green, Inc. for professional services in connection with the Laurel Street culvert replacement project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2020 Adopted: May 27, 2020 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS-AGREEMENT is made and entered into this 27th day of May , 2020 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY")and HR Green, Inc.,an Iowa 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 Laurel Street Culvert Replacement Project (hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that it 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 for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Water Director of the CITY, herein after referred to as the "DIRECTOR". B. The scope of work will include preliminary site investigations, technical memorandum, topographic survey and wetland delineation, preliminary and final design, utility coordination and permitting. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. • Council Approval and Notice to Proceed—May 27, 2020 • Preliminary Site Investigations and Technical Memorandum—June 5, 2020 • Preliminary Engineering Plans—June 26, 2020 • Permit Submittals—June 26, 2020 • Final Engineering Plans—July 17, 2020 • Permit Approvals—Subject to permitting agencies approval schedule • Construction Start—September 2020 (pending receipt of permits) • Construction Complete—November 20, 2020 (anticipated) B. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto, and incorporated into this Agreement by this reference. 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. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, 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 product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to.the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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. 4. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the bill rate of personnel employed on this PROJECT, with the total fee not to exceed $44,331.50 regardless of the actual costs incurred by the ENGINEER unless substantial-modifications to the scope of the work are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 0%. The cost of any such outside services is included within the total not-to-exceed amount of$44,331.50 provided for in Section 4A above. C. Mileage and Printing Costs are included as reimbursable costs. The cost of any such reimbursable expenses is included within the total not-to-exceed amount of $44,331.50 provided for in Section 4A above. D. 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 - 2 - schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Date Estimated Estimated Value of Estimated Percent Complete Work Completed Invoice Value 6/30/2020 28.5% $12,625.26 $12,625.26 7/31/2020 69.5% $30,817.30 $18,192.04 . 8/31/2020 74.5% $33,040.30 $2,223.00 9/30/2020 84.7% $37,556.78 $4,516.48 10/31/2020 92.4% $40,944.14 $3,387.36 11/30/2020 100.0% $44,331.50 $3,387.36 TOTAL $44,331.50 $44,331.50 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C 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. 6. 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 section 4 above. 7. TERM e 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 section 6, 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. - 3 - 8. 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. 9. 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. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. 10. 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, attorneys 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 any expiration and/or termination of this Agreement. - 4 - 11. 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. 12. 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 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 10 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 prorated, it shall be endorsed to be primary with respect to the CITY. 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. 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 Engineers 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. - 5 - 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. - 6 - 18. SEVERABILITY The parties intend and agreed that, if any section, sub-section,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. 19. HEADINGS The headings of the several sections 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. 20. 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. 21. 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. 22. 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. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. 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. - 7 - 25. 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 shall be provided by ENGINEER to the Department of Human Rights upon request(775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this.agreement, ENGINEER shallhave in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. 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. - 8 - 28. 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: B. As to ENGINEER: Eric Weiss Ajay Jain Water Director HR Green, Inc, City of Elgin 420 NorthFrontStreet 150 Dexter Court McHenry, IL 60050 Elgin, Illinois 60120-5555 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. ENGINEER shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. 30. EXECUTION This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. - 9 - IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By By: City Manager Name/Print: Ajay Jain Title: Vice President—Practice Leader Attes . ity Clerk FALegal Dept\Agreement\ENG INEER ING AGREEMENT-FORM-clean-10-2-18.docx - 10 - HRGreen ATTACHMENT A SCOPE OF SERVICES Prepared by: Jason Whyte, PE - Project Engineer Reviewed by: Ajay Jain, P.E., CFM - Practice Leader Water/Water Resources Project Number: 200718 May 13, 2020 HR(been corn Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805 420 North Front Street,Suite 100,McHenry,Illinois 60050 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 4.0 CITY RESPONSIBILITIES 5.0 PROFESSIONAL SERVICES FEE 6.0 TERMS AND CONDITIONS Professional Services Agreement Laurel Street Culvert Improvements HR Green Job No.: 200718 May 13,2020 Page 1 of 7 1.0 Project Understanding 1.1 General Understanding CITY has requested that ENGINEER prepare engineering plans and specifications for either the repair or replacement of the culvert carrying Laurel Street over the Lord's Park Tributary. The roadway has recently experienced significant settlement directly over the existing CMP culvert leading to its failure and closure of traffic. The CITY has filled in the recent roadway depression with gravel but is concerned about the remaining useful life of the culvert and would like to schedule emergency repair and/or replacement. City will utilize general funds and no other state or federal funding will be involved with this project. Lord's Park Tributary is a mapped floodplain with designated floodway and is considered Waters of the US. As such, any work within the stream will require permitting from Illinois Department of Natural Resources, Office of Water Resources (IDNR-OWR) and Army Corps of Engineers (ACOE). ENGINEER will visit the site to complete an inspection of the culvert to determine feasible recommendations for repair or replacement of the existing culvert. ENGINEER will document its field observations and recommendation in an email for the CITY'S review. Based on initial site review during scoping, it is likely that replacement of the culvert will be a more realistic option given the shape of the culvert, location of the failure, and cost of repair over lining and the life cycle costs. The scope and fee for this proposal is prepared such that it will cover the design and permitting needs for a complete replacement option. If repair option is feasible and preferred by the CITY, the scope of work and fee will be reduced, and a reduced estimate of scope and fee will be provided to the CITY prior to proceeding with preparing plans and specifications for the repairs. The scope of work will include preliminary site investigations, topographic survey and wetland delineation, preliminary and final design, utility coordination and permitting, bid award and assistance and part-time construction assistance. It is assumed that all work will be performed in the City right-of-way (ROW) and that no temporary or permanent easements will be required. 1.2 Desiqn Criteria/Assumptions A. The design criteria for the culvert size shall be based on matching or exceeding the existing culvert opening size, unless hydraulic analysis indicates that a reduction in opening size(if repair option such as culvert lining is chosen)is feasible without creating more than 0.1 ft. increase in upstream water elevation for a 30-year design flood event. B. The project shall be designed in accordance with applicable Bridge and Culvert design standards per the Illinois Department of Transportation (IDOT) and permitting requirements. In addition, temporary cofferdam for dewatering during construction will not be permitted to block water elevations higher than a 2-year flood level, and plans and specifications will contain dewatering criteria in conformance with local Soil and Water Conservation District practices and ACOE criteria employed on similar projects in the region. Professional Services Agreement Laurel Street Culvert Improvements HR Green Job No.: 200718 May 13,2020 Page 2 of 7 C. If minimum allowable soil bearing criteria are relevant, ENGINEER design plans will list the assumed capacities to be field verified at time of construction. No separate geotechnical services are included under this scope of services. 2.0 Scope of Services The CITY agrees to employ ENGINEER to perform the following services: 2.1 Preliminary Site Investigations Preliminary Site investigations will include the following tasks necessary to complete an email summary with ENGINEER's recommendations for repair or replacement of the subject culvert. A. Structural: ENGINEER structural staff will complete a site visit to collect site photos and measurements of the existing culvert and to document existing culvert condition and level of deterioration. B. Email Correspondence: The ENGINEER will provide the CITY with a brief summary by email summarizing the preferred alternative for repair or replacement option. A conceptual level Engineer's Opinion of Probable Construction Cost (EOPCC) will be prepared. 2.2 Preliminary and Final Desiqn The following scope of services is anticipated for a replacement option. A. Survey: ENGINEER will perform investigations to ascertain existing right-of-way limits through office research and field survey. This will be used to verify existing right-of-way limits that proposed improvements must observe, and to identify any easements that may be needed for completion of the improvements. Field survey will be completed to obtain topographic information for the hydraulic analysis and layout of the proposed culvert replacement. It is assumed that all work will be performed in the City ROW. B. Contract Plans and Specifications: ENGINEER will prepare Contract Plans and Specifications (Engineering Drawings and Technical Specifications/Special Provisions) for the proposed culvert improvements, including end sections(if applicable). The IDOT Culvert Manual'and the most recent version of the IDOT Standard Specifications for Road and Bridge Construction will be generally followed for the design and construction documents. However, the ENGINEER will not include the estimate of time and other documents IDOT would require if this project were to be let through the State of Illinois. The ENGINEER also will not include time to submit the plans to IDOT, or any other review agency other than the CITY, applicable utility companies, IDNR/OWR, ACOE and North Cook County Soil and Water Conservation District. ENGINEER assumes that culvert end sections will be either precast concrete, or prefabricated metal end sections depending on the type of culvert improvements. The Structural plans will include a general plan and elevation and end section details, but may omit specific invert, grade and roadway elevations if notes such as"match existing" are deemed appropriate. Professional Services Agreement Laurel Street Culvert Improvements HR Green Job No.: 200718 May 13,2020 Page 3 of 7 If deemed appropriate form site visit observations, riprap stabilization will be noted on the plans and will be sized as Class A4 or A5 riprap. There was observed bank erosion on the north side of the culvert in the immediate vicinity upstream. ENGINEER will consult with the CITY if limited bank stabilization is required. Current design assumptions are that Laurel Road will be closed during construction with local detour signs and routes the responsibility of the CITY. Any tree clearing, removal necessary for the proposed culvert improvements will be done with no tree-survey, or tree replacement requirements. Engineering Drawings will consist of: • Cover Sheet • General Notes • Summary of Quantities & Typical Sections. • Laurel Street Plan and Profile Sheet. • End Section Details • Erosion Control Plan • Details A project manual including general instruction to contractor, bid form and Technical Specifications/Special Provisions will be provided to the CITY for the purposes of obtaining construction quotes from up to three (3) contractors of their choosing. No public bid assistance by ENGINEER is included in the scope. Frond end documents suitable for bidding purposes is therefore not included in the contract. Bid award and assistance services are not included other than answering questions from contractors during the quote solicitations by CITY. Deliverables: The following deliverables will be provided to the CITY: • Preliminary and Pre-Final Project Documents: ➢ PDF copy of the Plans for review by the CITY. ➢ PDF copy of the Engineer's Opinion of Probable Construction Costs (EOPCC) ➢ PDF copy of the Technical Specifications/Special Provisions • Final Project Documents ➢ PDF copy of the Final Engineering Plans for use by the CITY. ➢ PDF copy of the Engineer's Opinion of Probable Construction Costs (EOPCC) ➢ PDF copy of the Project Manual 2.3 Permitting Lord's Park Tributary is a mapped floodplain with designated floodway and is considered Waters of the US. As such, any work within the stream will require permitting from Illinois Department of Natural Resources, Office of Water Resources(IDNR-OWR)and Army Corps of Engineers(ACOE)and the North Cook County Soil and Water Conservation District. The following scope of services is anticipated for a replacement option. A. Hydraulic Modeling: ENGINEER staff will request and obtain a copy of the regulatory FEMA model for the hydraulic analysis and permitting. An allowance for fee Professional Services Agreement Laurel Street Culvert Improvements HR Green Job No.: 200718 May 13,2020 Page 4 of 7 (approximately $350.00) is budgeted in the contract under Permit Fees. The Illinois State Water Survey (ISWS) also prepared a model of the Poplar Creek and its Tributary which includes the culvert under Laurel Street. ENGINEER will also request a model from ISWS for comparison to the FEMA model and for use as best available information. The models will be compared to the field survey. Using aerial mapping, it will be determined if the culvert is a source of flood damage in accordance with the IDNR-OWR Part 3708 rules. ENGINEER will complete a natural conditions, existing conditions and a proposed condition hydraulic analysis of the existing crossing to ascertain adequate culvert sizing for replacement options. The hydraulic analysis will . utilize FIS flows and verified by using StreamStats for sizing of the culvert crossing. B. Threatened and Endangered Species and Cultural Resource Consultation: ENGINEER will complete the natural resource review using the Ecological Compliance Assessment Tool (ECOCAT) through the IDNR web portal. The ECOCAT will determine presence of threatened or endangered species under the Illinois Endangered Species Protection Act [520 ILCS 10/11(b)] and Illinois Natural Areas Preservation Act [525 ILCS 30/17] as set forth in procedures under Title 17 III. Admin. Code Part 1075. An allowance for fee (approximately$127.00) is budgeted in the contract under Permit Fees. C. IDNR-OWR Permitting: ENGINEER will prepare a permit application in accordance with the IDNR-OWR Part 3708 rules for work in the floodway. An expedited permit review request will be made from the IDNR-OWR. An allowance for review fee (approximately$3,290.00) is budgeted in the contract under Permit Fees. D. Wetland Delineation and Permitting: Lord's Park Tributary is a Waters of the US and will require permitting from ACOE and Soil and Water Conservation District. A wetland delineation of the project area will be completed by Applied Ecological Services, Inc. as a sub-consultant to the ENGINEER. An allowance for sub-consultant fee for wetland delineation and report (approximately $3,500.00) is budgeted in the contract under Permit Fees. These services will be required for a complete removal and replacement option or any work that will require working on the stream. ENGINEER will prepare wetland permit application and submit to ACOE under a regional permit. The categories for regional permit under which a permit will be requested will be determined upon a final scope of work and contract plans and specifications have been developed. It is assumed that ACOE will not require an Individual Permit for the proposed activity. A concurrent submittal will also be made to the North Cook County Soil and Water Conservation District since the culvert is located in Cook County. E. Stormwater Permit: The City of Elgin has adopted Kane County Stormwater Permit (KCSO) for work within City's jurisdictional boundaries. This applies to portions of the project located in Cook County. City is a certified community and can enforce the provisions of the Ordinance. A stormwater permit application for review by the City will be prepared including the permit application. A permit fee is not required. Professional Services Agreement Laurel Street Culvert Improvements HR Green Job No.: 200718 May 13,2020 Page 5 of 7 2.4. Bidding Assistance and Recommendation to Award ENGINEER will prepare the Bid Documents using the City provided front end documents and prepare Notice to Bidders. An electronic Bid Documents will be provided to the City Procurement office for advertising the Notice to Bidders and uploading the bid documents. COMPANY will respond to questions during the bidding process. Following the bid opening, ENGINEER will examine the bid documents and make recommendation for award. It is assumed that the CITY will coordinate with the low bidder and obtain the executed Contract and Contract Bond documents from the Contractor and prepare Contract documents for execution and approval from City Council. 2.5 Project Administration and Meetings Scope will include general project administration and correspondence with the CITY during the project. Up to one (1) in field and one (1) phone/web meeting is included during the duration of the project. 2.6 Construction Assistance A full-time construction observation is not requested by the CITY and is not included in the scope. ENGINEER will provide a part time construction observation and will complete the following tasks: • Attend in-person or web-based pre-construction meeting; • Review submittals for shop drawings, if applicable; • Periodically visit the site during construction at key milestones of the project to observe construction progress and for general conformance to the contract plans and specifications, approximately forty(40) hours of site observation is included in the contract for a construction technician; • Process pay requests; and • Complete a punchlist and final site visit and assist with project close out 3.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: • Archeological and Cultural Surveys. • Geotechnical Engineering and/or CCDD certification. • Traffic Studies and/or Roadway Geometric Design. • Right-of-Way Plats and/or Plats of Easement and Appraisals and Negotiations. • Tree Survey, replacement and/or planting. • Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) • Any permit application fees will be initially paid by ENGINEER and then invoiced to the CITY as a direct expense to be paid by the CITY. A permit fee direct expense allowance in the amount of $3,767.00 has been added to the fees of this contract as an amount that is typically sufficient to cover permit application fees, but any fees in excess of this amount will be considered extra and billed to the CITY. If actual permit fees are less, then only the actual permit fees will be billed to the CITY. Supplemental services not included in the agreement can be provided by ENGINEER under separate agreement, if desired. Professional Services Agreement Laurel Street Culvert Improvements HR Green Job No.: 200718 May 13,2020 Page 6 of 7 4.0 CITY Responsibilities CITY will provide assistance with electronic bid management and prepare contract documents. 5.0 Professional Services Fee 5.1 Fees The fee for services will be based on ENGINEER standard hourly rates current at the time the agreement is signed. 5.2 Invoices Invoices for ENGINEER's services shall be submitted, on a monthly basis. Invoices shall be due and payable within 30 days upon receipt. 5.3 Extra Services Any service required but' not included as part of this contract shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CITY. 5.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 5.5 Payment The CITY AGREES to pay ENGINEER on the following basis: No. Item Description Labor' Direct Sub Total Cost Costs Costs Consultant 1. Preliminary Site Investigation $1,061.50 $32.40 $0.00 $1,093.90 2 Preliminary and Final $13,953.00 $32.40 $0.00 $13,985.40 Engineering 3. Permitting $7,576.00 $3,767.00' $3,500.002 $14,843.00 4. Bid Award and Assistance $2,223.00 $0.00 $0.00 $2,223.00 5. Project Administration $895.00 $0.00 $0.00 $895.00 6. Construction Assistance $11,032.00 $259.20 $0.00 $11,291.20 TOTAL $36,740.50 $4,091.00 $3,500.00 $44,331.50 Time and Material Not-to-Exceed $44,331.50 Estimated allowance for permit fees 2 Sub Consultant Fees for wetland delineation Professional Services Agreement (t� Laurel Street Culvert Improvements U HR Green Job No.: 200718 May 13,2020 HRGreen Page 7 of 7 ATTACHMENT B PROJECT SCHEDULE • Council Approval and Notice to Proceed — May 27, 2020 • Preliminary Site Investigations and Technical Memorandum —June 5, 2020 • Preliminary Engineering Plans' —June 26, 2020 • Permit Submittals —June 26, 2020 • Final Engineering Plans' —July 17, 2020 • Permit Approvalsz—July 31, 2020 (Subject to permitting agencies schedule) • Construction Start—September 2020 (pending receipt of permits) • Construction Complete — November 20, 2020 (anticipated) 'Approximately 1 week each is allotted for City Review of the Preliminary and Final Engineering Plans. 2 A emergency permit review will be requested from the permitting agencies. However, the permit review times are outside of the control of the ENGINEER.