HomeMy WebLinkAbout22-79 Resolution No. 22-79
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITHGROUP, INC. FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE FINAL PHASE OF
DEVELOPMENT OF THE CITY OWNED JACK E. COOK PARK
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
SmithGroup, Inc., for professional services in connection with the final phase of development of
the City owned Jack E. Cook Park, a copy of which is attached hereto and made a part hereof by
reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 11, 2022
Adopted: May 11, 2022
Omnibus Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 1 Ith day of MAY , 2022,by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY")and SmithGroup, Inc., a Michigan corporation, authorized to do business in the State of
Illinois (hereinafter referred to as"CONSULTANT"').
WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain
professional services in connection with the final phase development of the CITY owned Jack E
Cook Park(hereinafter referred to as the"PROJECT"); and
WHEREAS, the CONSULTANT 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
CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of
the mutual promises and covenants contained herein, the sufficiency of which is hereby
acknowledged to perform the services relating to 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 Parks and
Recreation Director of the CITY,herein after referred to as the"DIRECTOR".
B. The CONSULTANT shall provide the services to the CITY for the PROJECT as
outlined in the CONSULTANT'S Proposal dated April 21, 2022, attached hereto
and made a part hereof as Attachment A. In the event of any conflict between the
terms of this agreement, and Attachment A, the terms of this Agreement shall
supersede and control.
2. SCHEDULE AND PROGRESS EPORT
A. A project schedule for the PROJECT is attached hereto as Attachment B and made
a part hereof by this reference. Progress will be recorded on the project schedule
and submitted monthly as a component of the Status Report described in B below.
B. The CONSULTANT 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 PRODUCT
All work product prepared by the CONSULTANT 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 CONSULTANT
may retain copies of such work product for its records.CONSULTANT's execution of this
Agreement shall constitute CONSULTANT's conveyance and assignment of all right,title
and interest, including but not limited to any copyright interest,by the CONSULTANT to
the CITY of all such work product prepared by the CONSULTANT pursuant to this
Agreement. The CITY shall have the right either on its own or through such other
consultants 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 CONSULTANT.
4. PAYMENTS TO THE CONSULTANT
A. The CITY shall reimburse the CONSULTANT for services under this Agreement
a lump sum of Two Hundred and Thirty Five Thousand Dollars ($235,000.00),
regardless of actual Costs incurred by the CONSULTANT unless substantial
modifications to the PROJECT are authorized in writing by the DIRECTOR and
approved by way of written amendment to this Agreement and executed by the
parties.
B. The CITY shall make periodic payments to the CONSULTANT based upon actual
progress within thirty(30)days after receipt and approval of invoice. Said periodic
payments to the CONSULTANT shall not exceed the tasks amounts identified in
Attachment A, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
C. The CONSULTANT shall also be compensated for reimbursable expenses incurred
in connection with the PROJECT as detailed in Attachment A hereto,with the total
costs of any such reimbursable expenses not-to-exceed the total amount of Seventy
Five Thousand Five Hundred Dollars($75,500).
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
Progress reports(2B above)will be included with all payment requests.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of the
CITY to inspect and audit all data and records of the CONSULTANT for work
done under this Agreement. The CONSULTANT shall make these records
available at reasonable times during the Agreement period and for one(1)year after
termination of this Agreement.
6. TERMINATION OF AGREEMENT
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Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time upon fifteen (15) days prior written notice to the CONSULTANT. In the event
that this Agreement is so terminated,the CONSULTANT shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the task amounts referred to in Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the CONSULTANT is given a notice
to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed
concluded on the date the CITY determines that all of the CONSULTANT'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 this Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by the CITY,the CONSULTANT shall give written notice of his claim within
fifteen (15) days after occurrence of such action. No claim for additional compensation
shall be valid unless so made.Any changes in the CONSULTANT's fee shall be valid only
to the extent that such changes are included in writing signed by the CITY and the
CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim
submitted by the CONSULTANT, 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 CONSULTANT pursuant to Paragraph 4 hereof, no
action shall be commenced by the CONSULTANT against the CITY for monetary
damages. CONSULTANT 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 50111, 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 CONSULTANT arising out of this Agreement
must be filed within one year of the date the alleged cause of action arose or the same will
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be time-barred. The provisions of this paragraph shall survive any expiration,completion
and/or termination of this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT 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
CONSULTANT in connection herewith, including negligence or omissions of employees
or agents of the CONSULTANT 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
paragraph shall survive any expiration,completion and/or termination of this Agreement.
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
CONSULTANT shall provide,maintain and pay for during the term of this Agreement the
following types and amounts of insurance:
A. Comprehensive Liability. 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 CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty(30)days prior written notice to the DIRECTOR.
The Certificate of Insurance shall include the contractual obligation assumed by the
CONSULTANT under Paragraph 10 entitled"Indemnification".
This insurance shall be primary and non-contributory 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.
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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 bodily injury and/or property damage.
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 CONSULTANT shall carry CONSULTANT'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 claim.
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.
13. CONSTRUCTION MEANS. METHODS.TECHNIQUES. SEQUENCES.
PROCEDURES AND SAFETY
The CONSULTANT 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.
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16. DELEGATIONS AND SUBCONTRACTOR
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the CONSULTANT shall remain liable to the
CITY with respect to each and every item,condition and other provision hereof to the same
extent that the CONSULTANT 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.
18. 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.
19. 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.
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.
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22. NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONSULTANT 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 CONSULTANT shall cooperate with any other consultants in the CITY's employ or
any work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTIN
The CONSULTANT 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.
25. SEXUAL HARASSMENT
As a condition of this contract,the CONSULTANT 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 CONSULTANT to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. INTENTIONAL.LY OMITTED
27. WRITTEN COMMUNICATIONS
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All recommendations and other communications by the CONSULTANT 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 CONSULTANT be made or confirmed in
writing.
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 the CITY:
Maria Cumpata
Parks&Recreation Director
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to the CONSULTANT:
Paul Wiese
SmithGroup
35 East Wacker Drive#900
Chicago, Il 60601
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
CONSULTANT 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, CONSULTANT hereby certifies, represents and warrants to the CITY that
all CONSULTANT'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.CONSULTANT 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 CONSULTANT to determine CONSULTANT's compliance with the
provisions of this paragraph. In the event the CITY proceeds with such an audit the
CONSULTANT shall make available to the CITY the CONSULTANT's relevant records
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at no cost to the CITY. CONSULTANT 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.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement effective as of the date and year first written above.
CITY OF
owe 11010'
By:
Richard G. Kozal, City anag
At st:
w--ww.'I�
City Clerk
CONSULTANT:
SmithGroup.Inc.
By:
Name/Print: Paul J. Wiese
Title: Vice President
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ATTACHMENT A
SCOPE OF SERVICES
Revised April 21, 2022
March 18, 2022
Maria Cumpata
Parks and Recreation Director
City of Elgin
100 Symphony Way
Elgin, Illinois 60120
RE: Jack E. Cook Park-Final Phase
City of Elgin, Illinois
Dear Maria:
On behalf of SmithGroup, Inc., ("SmithGroup")we are pleased to submit this proposal to the City of Elgin
("COE"or"client")for the Jack E. Cook(Park) Final Phase. The following is our understanding of the
services which are to be provided.
UNDERSTANDING OF THE PROJECT
Our understanding is COE requests a proposal for design services to complete the final phase of the Park,
and is based on the schematic design phase implementation plan created by SmithGroup for the COE and
dated May 2021 (Attachment'A'). It is understood the project scope includes developing the remaining
areas of the site property, utilizing a series of pathways set among a mix of prairie grass landscape and
using selectively placed pedestrian bridges to access the further extents of the Park. An additional athletic
field will be added in this final phase, while new bleacher pads and accessible picnic shelters will provide
passive recreation opportunities and aligned to established viewsheds of the Park.A waterless restroom
facility is planned for this project while a playground and an additional year of landscape maintenance and
establishment will be carried as alternates.
SmithGroup has outlined the project as follows:
1. Project goals:
a Establish a sustainable landscape typology utilizing a diverse range of prairie and wetland
grasses and create a network of pedestrian pathways (both mown and aggregate types) in
the Park.
b. Design and implement(2) pedestrian prefabricated style bridges to span the branches of
Pingree Creek and the floodway.
c. Design areas to accommodate (2)two new accessible picnic shelters. The picnic shelters
are assumed to be prefabricated and specified structures.
d. Design and layout a new multi-purpose natural grass athleticfield.
e. Accommodate and implement a new waterless restroom with (2) accessible stalls and
assumed to be prefabricated.
f. Design and develop a playground space in the park. This element will be carried as an
alternate.
g. Analyze, calculate, and design applicable areas of the site that require grading, drainage,
and stormwater management best practices.
h. Plan for(1)one year of landscape maintenance strategy and carry an alternate(2nd)year
maintenance implementation.
2 Project includes services for Data Collection, Preliminary Engineering, Final Engineering,
Permitting, Contractor Bid and Award, and Construction Administration phases.
a Structural engineering is required for the pre-fabricated pedestrian bridge foundations, waterless
restroom foundation and picnic shelters and is included in the proposal.
4. Based on SmithGroup's process and experience implementing the completed portions of the Park,
the permitting services assume regulatory agencies will authorize the work under their respective
regional permits. Securing project specific permits(known as individual permits)from the US Army
Corps of Engineers, Illinois Department of Natural Resources, or the Illinois Environmental
Protection Agency is beyond the scope of this proposal. Specifically, the pedestrian bridge
implementation is assumed to be part of an IDNR Office of Water Resources Joint Application
Form and regulatory review and approval.
5. Permit fees are not included in this proposal.
6. The COE has established a preliminary construction budget of$2.875 million for the final phase
base work of the project and also includes a$600,000 preliminary construction budget for
alternates for playground and 2 year extension of native landscape establishment and
maintenance.
SCOPE OF SERVICES
Phase 1: Data Collection
Upon receiving Notice to Proceed from the City, SmithGroup will complete the following tasks:
Task 1.1 —Topographic Survey
Given the many years since any previous survey work has been collected as well as the improvements
which have been constructed and not surveyed, a new topographic survey will be required. SmithGroup
will procure the services of a surveying company to perform a topographic survey specific to the final phase
area of the park, for the purpose of creating a Digital Elevation Model(DEM) and Cross-Sections to be
used to develop construction drawings and delineating the Ordinary High Water Mark(OHWM)for the
pedestrian bridges for regulatory purposes. Cross-sections will be prepared of the existing branches of
Pingree Creek to approximately 20 feet in both directions from the water's edge. Cross-sections at 50-foot
on-center spacing will be collected for design purposes. A full boundary survey of the entire Park property
is not included in this scope. Field work will be coordinated with COE staff upon authorization.
The limits of the survey included in this proposal are the approx. 80 acres east and south of the creek and
west of the existing park improvements. Surveying west and north of the creek is not included (other than at
the proposed pedestrian bridge abutments)since only seeding and planting improvements are anticipated
in those zones.
Task 1.2—Geotechnical Investigations
SmithGroup will procure the services of a geotechnical engineering company to perform (6) six borings to
better understand the in-situ soil conditions for designing the pedestrian bridge, shelter and waterless
restroom foundations, and stormwater management measures. Field work will be coordinated with COE
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staff upon authorization.
Task 1.3—Wetlands verification and delineation
For the Park final phase of work, SmithGroup and the survey consultant will review the previously
delineated wetlands within the Park extents and per the November 26, 2019 USACE Jurisdictional
Determination as submitted by Applied Ecological Services, Inc.. This wetland determination is valid for a
period of(5) years from the listed USACE Determination letter date and will serve as a valid basis of
reference for site design and engineering development for the duration of SmithGroup's phase deliverables,
including permitting and regulatory review and approvals. Any additional wetland investigations and
delineations are not anticipated and therefore excluded. If required, we will proceed upon COE's approval.
Task 1.4—Site Visit
SmithGroup will visit the site to observe the current conditions of the Park including Pingree Creek and
existing topography and vegetation prior to starting the engineering phases. SmithGroup will advise COE
of any concerns or changed conditions that may impact the execution of the preferred Park site plan and
layout.
Task 1.5—Develop Base Map
Using the survey information, DEM, and cross-sections obtained in Task 1.1, SmithGroup will create base
maps, supplemented by available aerial photography and other survey data, to be used throughout the
remaining design and documentation tasks.
Phase 1 Deliverables— Topographic Data, Geotechnical Investigations Report, Site Visit and Base Map to be used in
subsequent tasks.
Phase 2: Preliminary Engineering (Design Development)
Attachment A is the basis for which SmithGroup will proceed with Phase 2. Additional studies and
conceptual level design changes may be added at the direction of COE through a contract amendment.
Task 2.1 —Project Initiation Meeting
SmithGroup will meet with Park and Recreation COE staff to initiate the project's design development
process and review existing conditions. Project objectives will be confirmed, the project schedule and key
milestones will be established, and design considerations will be discussed with COE staff.
Task 2.2—Floodplain and Floodway Analysis, Modeling, and Assessment
SmithGroup will attain flood related modeling information related to Pingree Creek and I or other available
floodplain studies per Kane County DFIRM and proceed to determine existing floodway limits that have not
been established for the areas within the project limits.The work will include adding additional hydraulic
modeling cross sections at locations near pedestrian bridges as well as intermediate points along the site
boundaries. Based on modeling and analysis,the consultants will determine encroachment in the current
floodplain limits and newly established floodway limits near proposed pedestrian bridges and project
grading boundary. The consultant team will also determine compensatory storage requirements according
to applicable sections of the Kane County Stormwater Management Ordinance. SmithGroup will prepare a
memorandum to include floodplain and floodway limits delineated on a site plan map. From the assessment
of floodplain and floodway, SmithGroup will determine if a FEMA Conditional Letter of Map Revision
(CLOMR) is required. SmithGroup will proceed with Stormwater Management Permit Submission,
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indicated in Task 3.2.
Task 2.3—Preliminary Engineering Documents and Client Review Meeting
SmithGroup will prepare Preliminary Engineering documents to establish site preparation plans,create layout and
initial planting selections,develop and specify materials and products,advance stormwater management analysis
and calculations,confirm the regulatory process, and create initial grading and drainage plans.The deliverables will
be considered at an approximate 60%level of completion.
SmithGroup will produce a draft set of drawings,technical specifications, and an updated Opinion of Probable
Construction Costs and submit the documentation to COE staff prior to a client review meeting.The drawings and
probable costs will be presented to COE staff to discuss the design and obtain the client's comments. SmithGroup
will summarize the discussion with meeting minutes for COE staffs confirmation of their comments.The meeting can
be virtual or in-person as needed.
Task 2.4—Engagement with Regulatory Agencies
With COE's authorization, SmithGroup will engage regulatory agencies including departments with the City of Elgin--
Kane County—Kane DuPage Soil and Water Conservation District--Illinois Department of Natural Resources/Office
of Water Resources--USACE to review the proposed work as it relates to the regulated waters.A site observation
and walk with key representatives may be conducted to observe the conditions,discuss the proposed improvements,
and obtain input from regulators on required permits and the review process.The site walk is an opportunity to gain
feedback from COE staff that may participate at the same time. Two site visits are included to meet with the key
regulators and COE staff. SmithGroup will summarize the on-site discussion with meeting notes and photos.
Task 2.5—City Council/Park and Recreation Presentation
SmithGroup will prepare for, attend, and document a meeting with the COE City Council/Park and
Recreation Department to review the preliminary engineering design and updated budgetary construction
costs. SmithGroup will prepare an electronic slide presentation that illustrates the site plan development
work with plans, conditional site sections, and typical details from the preliminary engineering plan set,
updated to reflect comments and considerations during the phase by COE staff and regulatory agencies.
The permitting requirements, probable construction costs, and project schedule will also be presented to
inform the Client and to confirm direction should move forward. Meeting objectives and content will be
developed and reviewed with the COE prior to the meeting.
The presentation will contain a rendered site plan and use of progress site sections, details, and
representative materials images. No graphic visualizations and 3D models are included.
A virtual or in-person session and format can be as determined prior to the arranged meeting.
Phase 3: Final Engineering and Permitting
Task 3.1 —Final Engineering Documents Draft and Client Review Meeting
With COE's authorization to proceed, SmithGroup will prepare Final Engineering documents(also referred to as
Construction Documents)to provide comprehensive documentation of the proposed improvements approved under
the Preliminary Engineering phase.
SmithGroup will issue a draft set of drawings,technical specifications,and an updated Opinion of Probable
Construction Costs to COE staff prior to a client review meeting. The draft deliverables will be considered at an
approximate 90%level of completion and the draft Construction Drawings and probable costs will be presented to
COE staff to obtain the client's comments. SmithGroup will summarize the discussion with meeting minutes for COE
staffs confirmation of their comments. The meeting can be virtual or in-person as needed.
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Task 3.2—Regulatory Permit Applications
Based on the scope of work, SmithGroup anticipates the project will require permits be obtained from the following
agencies:
• USACE/IDNR/IEPA/Joint Agency Permit Application or Statewide Permit—SmithGroup assumes work
will be covered under the agencies' respective regional permits.
• Kane-DuPage Soil and Water Conservation District(KDSWCD)—SmithGroup assumes work will require a
Land Use Opinion Report and Soil Erosion and Sediment Control Plan Review.
o Kane County Stormwater Management Permit(and as adopted by The City of Elgin)
• FEMA Conditional Letter of Map Revision(CLOMR)—The submission of a CLOMR is not included in
SmithGroup's service and will be determined based on the floodplain and floodway analysis and modeling
per Task 2.2.
With COE's authorization, SmithGroup will prepare and submit permit applications to the respective agencies to
assist COE in obtaining the noted permit approvals.The draft Construction Drawings from Task 3.1 will be utilized
for the permit applications. Permit fees are not included in this proposal.
Task 3.3—City Council/Park and Recreation Final Meeting
SmithGroup will prepare for, attend, and document a second and final meeting with the COE City
Council/Park and Recreation Department to review the final engineering plans and budgetary construction
costs. SmithGroup will prepare electronic slide format visual aids illustrating the final plans, sections, and
typical details from the construction drawings, updated to reflect comments from COE staff. The status of
permit applications, probable construction costs, and project schedule will also be presented to obtain input
from the COE and ultimately, approval to release the project for bidding. Meeting objectives and content
will be developed and reviewed with the COE prior to the meeting.
The presentation will contain a rendered site plan and use of final engineering site sections, details, and
representative materials. No graphic visualizations and 3D models are included.
SmithGroup will adjust the meeting content for a virtual or in-person format as determined at the time of the meeting.
Task 3.4—Final Engineering Documents Submittal
Based upon feedback from the COE Park and Recreation Department,direction from COE staff and regulatory
agency review comments, SmithGroup will revise the final engineering documents and Opinion of Probable
Construction Costs statement.The updated documents will be issued to COE as a Final Engineering package
suitable for bidding and to complete Phase 3.
Phase 3 Deliverables—Final Engineering documents, Regulatory Permit Applications, and Client Review Meeting
presentation.
Phase 4: Bidding Services
SmithGroup will provide the following bidding services as authorized by COE:
0 Attend the Client's pre-bid conference to receive technical questions from the bidders and respond
as appropriate by issuing addenda to the bid documents to clarify the design intent.
0 Evaluate the bids, check contractor references, and make a recommendation to the COE for
award.
Phase 4 Deliverables—Bid addendum package(assumed no more than 1)and recommendation for award
memorandum. (assume 1 pre-bid conference mtg at the Project site and no attendance at contractor interviews)
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The Bid advertisement, pre-bid conference, bid opening and award shall be by COE.
Phase 5: Construction Administration and Observation
SmithGroup will commence Construction Administration services and responsibilities upon award of
contract to a Contractor and will terminate these services at the end of the Contractor's one-year warranty
and maintenance period or alternate two-year maintenance extension. This proposal assumes a
construction period of no more than six contiguous months of site construction activity. Construction
Administration services will include the following:
o One(1) Pre-Construction Meeting.
o Submittal/Shop Drawing Review, limited to no more than two(2)reviews per submittal/shopdrawings.
n Attendance at bimonthly Owner/Architect/Contractor meetings through CA period (assuming 12 meetings)
• Site Observation: Based on the scope of work it is assumed this project will not require more than
twelve (12) site visits during the construction period. Site visits beyond the amount indicated in this
task can be added to the contract as necessary as described under"Additional Services" below.
0 Reponses to RFls, ASIs, Bulletins, and Change Orders, as required.
D One(1) Punch List walk with SmithGroup discipline(s)as appropriate and Punch List preparation.
D One(1)Punch List back-check with SmithGroup discipline(s)as appropriate.
o Closeout document reviewand comment, limited to no more than one (1) review.
ASSUMPTIONS
SmithGroup will not have control or charge of and will not be responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in connection with the work,
or for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the
work, or for the failure of any of them to carry out the work in accordance with the Contract Documents.
This proposal includes(8)eight Phase 2 and 3 meetings with COE.Additional Park and Recreation and
other specific City Department meetings may be added at COE's request through a contract amendment.
The project work does not include irrigation design, lighting design, or electrical engineering.
This proposal does not include graphic presentation or 3D model renderings and may be added at COE's
request through a contract amendment.
This proposal is based on 2022 rates and assumes the scope of services are completed by Fall 2023 to
align with bidding the project in early 2023.
PREPARATION OF DIGITAL DATA
In the event SmithGroup is requested to prepare digital data for transmission to the Owner's consultants,
contractors or other Owner authorized recipients("Digital Data"), the Owner acknowledges that due to the
limitations of the digital data software, not all elements of SmithGroup's services may be represented in the
Digital Data, this being in the sole discretion of SmithGroup.Accordingly, although SmithGroup will
endeavor to represent all material elements of SmithGroup's services in the Digital Data, any use shall not
relieve the Owner's consultants, contractors, or other Owner authorized recipients or their respective
obligations. The Owner agrees that it will include this provision in any agreements with its consultants,
contractors, or other Owner authorized recipients, in which Digital Data is provided.
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OWNER RESPONSIBILITIES
COE will provide available site information and data including record drawings, property and parcel
boundaries, utility information and other documentation.
COE will prepare the Procurement, Contracting, and General Requirements sections(known as Divisions
00 and 01)of the project manual.
COE will provide the bid advertisement and facilitate the pre-bid conference, bid opening, and contract
award.
SCHEDULE
SmithGroup is able to initiate design services upon receiving notice to proceed from COE and anticipates
documentation and bidding the project by early 2023 for implementation in 2023. Meeting these milestones
are largely dependent on the regulatory approval process, completing field work in suitable weather
conditions, and contract awards by COE, all of which are beyond SmithGroup's control. SmithGroup will
develop a project schedule with COE at the onset of the project to track milestones with COE as progress
is made.
CONSULTANTS
SmithGroup anticipates using the following consultant(s)for this project. The costs will be a pass-thru to
COE as a Reimbursable Expense. SmithGroup has worked with these firms on previous, similar projects.
Gasperec Elberts Consultants, a WBE Firm, for Topographic Survey
GSG Consultants, an MBE Firm, for Geotechnical Engineering
PROFESSIONAL SERVICES FEE
COE shall compensate SmithGroup for the scope of services outlined above as a fixed fee lump sum of
$235,000. plus reimbursable expenses, as summarized in the section below.
The fixed lump sum fee per designated phase is listed as follow:
Phase 1 Data Collection $ 9,000
Phase 2 Preliminary Engineering(Design Development) $87,000
Phase 3 Final Engineering and Permitting $75,000
Phase 4 Bidding Services $ 10,000
Phase 5 Construction Administration and Observation $54,000
REIMBURSABLE EXPENSES
In addition to the fee indicated above, the following costs shall be reimbursable:
1. Survey and geotech consultants.
2 Travel expenses related to this project. Reimbursement for car mileage is the standard mileage
allowance determined by the Internal Revenue Service.
3. Printing and/or reproduction of presentation materials, sketches, drawings, specifications,
reports and other project related documents, either digitally or in hard copy.
4. Delivery charges.
5. Models, renderings, photography and other special presentation material for other than the
Architect's own use.
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6. The labor and fees associated with documentation,calculations and application for a submission of a
CLOMR which will be determined based on the floodplain and floodway analysis and modeling per
Task 2.2.
7. If it is determined excess soil will be required to be exported from the site during construction, Clean
Construction and Demolition Debris Certification (CCDD)will be required. The Illinois Environmental
Protection Agency(IEPA)requires Certification(Form LPC-663)from a licensed professional engineer
(PE)or Licensed Professional Geologist(PG)that the soil is uncontaminated.Our geotechnical
engineer can provide this service if required.
8. Regulatory Agency review fees;and
9. Employment of, with client's prior approval, special consultants other than those listed in this
proposal.
We estimate the reimbursable expenses for these items to be as follows:
a. Survey Consultant Fee: $42,000
b. Geotechnical Consultant Fee: $17,500
c. CCDD Testing, if required: $11,500
d. Expenses for items 2, 3 and 4 as described above: $ 4,500
ADDITIONAL SERVICES
Requests for additional services or staff will be documented by SmithGroup (if given verbally), and the work
will commence upon COE approval of an estimated fee for that effort or, if not agreed otherwise, The COE
shall reimburse SmithGroup on an hourly basis of SmithGroup's project staff actively engaged for all
personnel hours worked on the project.
PAYMENTS
Invoices will be prepared monthly on the basis of percentage of completion.
Additionally, reasonable access to records relevant to this Agreement shall be made available to COE or its
agents for auditing purposes.
INTELLECTUAL PROPERTY
In rendering its Services, SmithGroup may create and provide to COE documents which include (i) COE
internal data, analyses, recommendations, and similar items (collectively, "Client Data"), and (ii)data and/or
recommendations that have been created by SmithGroup for the benefit of COE as part of the Services
(collectively, "SmithGroup Data"). In the development of SmithGroup Data, SmithGroup may use
algorithms, software systems, plans, processes, tracking tools, contract assessment/modeling tools,
formulas, or data from third-party vendors, and other intellectual property owned by SmithGroup or which
SmithGroup has the right to use as of or after the date hereof(including, without limitation, the format of
SmithGroup's reports and any improvements or knowledge SmithGroup develops, whether alone or with
others, in the performance of the Services) (collectively, "SmithGroup Tools"). COE shall own, solely and
exclusively, the Client Data delivered pursuant to this Agreement. COE agrees that SmithGroup shall own,
solely and exclusively, all SmithGroup Tools and all intellectual property rights therein whether or not
registerable(including without limitation patents and inventions, trademarks, service marks, logos and
domain names and all associated goodwill, copyrights and copyrightable works and rights in data and
databases, and trade secrets, know-how and other confidential information). COE acknowledges and
agrees that SmithGroup may, and reserves the right to, use the Client Data and any information and data
generated by the SmithGroup Tools solely in an aggregated, non-personally identifiable manner in order to
create and improve the compilations, statistical analyses, or benchmarks provided by SmithGroup in any
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services(collectively, "Aggregate Data")as long as the resulting information does not identify COE and
COE hereby grants to SmithGroup a perpetual, irrevocable, royalty-free license to use the Client Data,
solely as described herein. All right, title and interest in and to the Aggregate Data shall inure to the sole
and exclusive benefit of SmithGroup. With respect to any SmithGroup Data that is contained in any
documents delivered by SmithGroup to COE, SmithGroup grants COE a royalty free, paid up, non-
exclusive, perpetual license to use the SmithGroup Data solely in connection with COE internal use of the
documents and for no other purpose. COE acknowledges and agrees that all SmithGroup Data (including
any advice, recommendations, information, or work product incorporated into the SmithGroup Data)
provided to COE by SmithGroup in connection with this Agreement is for the sole internal use of COE,
including all subsidiaries of COE, and may not be used or relied upon by any third party; provided that COE
may incorporate into documents that COE intends to disclose externally SmithGroup summaries,
calculations or tables based on COE information contained in Client Data, but not SmithGroup's
recommendations or findings. SmithGroup retains all rights not expressly granted to COE here under.
DELIVERY OF CADD GRAPHIC FILES
Any electronic/data/digital files(Files)from SmithGroup shall be deemed Instruments of Service, and/or
Work Product, as the case may be, for the Project identified above. COE covenants and agrees that: 1)the
Files are Instruments of Service of SmithGroup, the author, and/or Work Product of SmithGroup, as the
case may be; 2) in providing the Files, SmithGroup does not transfer common law, statutory law, or other
rights, including copyrights; 3)the Files are not Contract Documents, in whole or in part; and 4)the Files
are not As-Built files. COE agrees to report any defects in the Files to SmithGroup, within 45 days of the
initial Files transmittal date (Acceptance Period). It is understood that SmithGroup will correct such defects,
in a timely manner, and retransmit the Files. COE further agrees to compensate SmithGroup, as Additional
Services, for the cost of correcting defects reported to SmithGroup after the Acceptance Period. COE
understands that the Files have been prepared to SmithGroup's criteria and may not conform to COE
drafting or other documentation standards. COE understands that, due to the translation process of
certain CADD formats, and the transmission of such Files to COE that SmithGroup does not guarantee the
accuracy, completeness or integrity of the data, and that the COE will hold SmithGroup harmless for any
data or file clean-up required to make these Files usable. COE understands that even though SmithGroup
may have computer virus scanning software to detect the presence of computer viruses, there is no
guarantee that computer viruses are not present in the Files, and that COE will hold SmithGroup harmless
for such viruses and their consequences, as well as any and all liability or damage caused by the presence
of a computer virus in the Files. COE agrees, to the fullest extent permitted by law,to indemnify and hold
SmithGroup harmless from any and all damage, liability, or cost(including protection from loss due to
attorney's fees and costs of defense), arising from or in any way connected with and changes made to the
Files by COE.
Under no circumstances shall transfer of Files to COE be deemed a sale by SmithGroup. SmithGroup
makes no warranties, express or implied, of merchantability or fitness for any particular purpose.
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MISCELLANEOUS PROVISIONS
SmithGroup will use reasonable professional efforts and judgment in responding in the design to applicable
federal, state and local laws, rules, codes, ordinances and regulations. COE acknowledges that certain
state and local laws, rules, codes, ordinances and regulations may reference standards that are outdated
and/or contrary with today's industry requirements. SmithGroup cannot and does not warrant or guarantee
that the Project will comply with all such outdated and/or contrary federal, state and local laws, rules,
codes, ordinances and regulations
Notwithstanding anything to the contrary, nothing contained herein shall be construed: i)to constitute a
guarantee, warranty or assurance, either express or implied, that the SmithGroup's Services will yield or
accomplish a perfect outcome for this Project; or ii)to obligate the SmithGroup to exercise professional skill
or judgment greater that the standard of care exercised by other similarly situated design professionals
currently practicing in the same locale as this Project, under the same requirements of this Agreement; or
iii)as an assumption by the SmithGroup of liability of any other party.
SmithGroup will use reasonable professional efforts and judgment to interpret applicable ADA requirements
and other federal, state and local laws, rules, codes, ordinances and regulations as applicable to this
Project. The City acknowledges that requirements of ADA, as well as other federal, state and local laws,
rules, codes,ordinances and regulations, will be subject to various and possibly contradictory
interpretations. SmithGroup cannot and does not warrant or guarantee that the Project will comply with all
interpretations of the ADA requirements and/or the requirements of other federal, state and local laws,
rules, codes,ordinances and regulations
Notwithstanding anything to the contrary in this Agreement, the Parties acknowledge that there may be
delays in the performance of this Agreement for the period that such delay is due to causes beyond a
Party's reasonable control, including but not limited to Acts of God, government regulations, orders or
controls (including, but not limited to, shelter-in-place orders and construction moratoriums), quarantine,
epidemic or pandemic. Both parties shall make reasonable efforts to notify the other Party if a force
majeure event will delay performance. In the event of such delay, neither Party shall be liable to the other
Party for delay or damage caused. SmithGroup's fees for the remaining services and the time schedules
shall be equitably adjusted as mutually agreed between the Parties before services are resumed.
This document will serve as an agreement between us, and you may indicate your acceptance by signing
in the space provided below and returning one(1)signed copy for our files.
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ATTACHMENT B
PROJECT SCHEDULE
See next page.
Jack Cook Park-Final Phase Project Schedule
SmlthGroup-4/21/2022
Ptuqua and Task 22-Ma 22-1un 22-1
22-Au 22-Sep 22-0R 22-Nov 22-Dec 23-Jan 23-Feb 3 3thru Fall 2023
1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 2 3 4
Phase 1 Data Collaction
1.1 Topographic survey and prep
1.2 Geoch Investigation and prep
1. te
3 Floodplaln,Roodway,Wetland verification
1.4 Field visits and verification
1.5 Base mapping prep
Phase 2 Prolimina En Irseir
2.1 Project City and consultant meets
2.2 Floodplaln and Floodway Anatysls,Modeling,and Assessment
2.3 Preliminary Engineering Documents and Clent Review MeetingM I I I I I I
2.4 Engagement with Regulatory Agencies
2.5 City Council/Park and Recreation Presentation
Phase 3 Final Fn Inaarl eoand Posrmltt
3 m Client Review meeting
3.2 Regulatory Permittingand applications
3.3 City Council Park and Recreation Final Meeting
3.4 Final engineering Documents Submittal and Permitting
Phase 4 Biddi 5arvkas
4.1 Prebid conference and evaluate bids
4.2 Addenda as required
Phase S Construction Administration and Observation IDat
o be Finalized with City and CoM.ctorl
5.1 Pro-Con meetin and kickoff
5.2 Construction administratlon and observation reviews
5.3 Substantial Completion
5.4 Final Compehion and Close out