HomeMy WebLinkAbout23-89 Resolution No. 23-89
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR
PROFESSIONAL SERVICES IN CONNECTION WITH DRAINAGE STUDIES FOR 392
LINCOLN AVENUE, PRESTON AND COOPER AVENUE INTERSECTION AND 609
COLUMBIA AVENUE
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 drainage studies for 392 Lincoln Avenue,
Preston and Cooper Avenue Intersection and 609 Columbia Avenue, a copy of which is attached
hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 26, 2023
Adopted: April 26, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of April ,20 23 ,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 Drainage Studies for 392 Lincoln Ave., Preston and Cooper Ave.
Intersection,and 609 Columbia Ave. (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 Director of Public
Works of the CITY, herein after referred to as the"DIRECTOR".
B. The scope of work will include preparing a drainage study for various flooding
locations within the City,i.e.,at 392 Lincoln Ave. Preston and Cooper Intersection,
and 609 Columbia Ave.to understand all the factors contributing to the flooding and
evaluating potential alternatives to reduce or alleviate flooding at these locations.
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.
• City Council Approval—April 26,2023
• Notice to Proceed—April 27, 2023
• Kickoff Meeting—Week of April 27, 2023
• Data Collection—May 12,2023
• Study and Analysis—August 11, 2023
• Meetings—Tentative(week of April 17, 2023 and June 26,2023)
• Project Administration—April 17, 2023 to August 11,2023
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 rate of 3.23 times the
direct hourly rate of personnel employed on this PROJECT,with the total fee not to
exceed$98,090.00 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. A cost breakdown of such not-to-exceed amount of$98,090.00 is
provided for in Attachment C,attached hereto,and incorporated into this Agreement
by this reference.
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$98.090.00
provided for in Section 4A above.
C. The cost of any such reimbursable expenses is included within the total not-to-exceed
amount of$98,090.00 provided for in Section 4A above.
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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
schedule, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
Estimated Percent Estimated Invoice Estimated Value of
Complete Value Work completed
05/15/2023 19.6% $19,226.00 $19,226.00
05/31/2023 59.8% $38,567.00 $57,793.00
06/30/2023 76.4% $17,135.00 $74,927.00
07/31/2023 85.8% $9,245.00 $84,173.00
08/31/2023 100% $13,917.00 $98,090.00
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
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.
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
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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.
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
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The ENGINEER 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 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.
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/AFFIRMATIVE ACTION
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The ENGINEER will not discriminate against any employer or applicant for employment because of
race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status,
marital status, physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service which would not interfere with the efficient performance of the job in
question. ENGINEER shall take affirmative action to comply with the provisions of Elgin
Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written
commitment to comply with those provisions. ENGINEER shall distribute copies of this
commitment to all persons who participate in recruitment, screening, referral and selection of job
applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section
5.02.040 of the Elgin Municipal Code, 1976,as amended,is hereby incorporated by reference,as if
set out verbatim.
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 race,color,religion,
sex,national origin,age,ancestry,order of protection status,familial status,marital status,physical
or mental disability, military status, sexual orientation, or unfavorable discharge from military
service.
Any violation of this paragraph 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.
18. SEVERABILITY
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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.
25. SEXUAL HARASSMENT
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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 shall have 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.
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:
Mike Pubentz,PE Ajay Jain, PE,CFM
Director of Public Works Vice President—Practice Leader
City of Elgin HR Green, Inc.
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150 Dexter Court 1391 Corporate Drive, Suite 203
Elgin, Illinois 60120-5555 McHenry, IL 60050-5528
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. COUNTERPARTS AND 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. This Agreement may be executed electronically,and
any signed copy of this Agreement transmitted by facsimile machine or email 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 facsimile machine or email shall be considered for these purposes an
original signature and shall have the same legal effect as an original signature.
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: i7t
City Manager Name/Print: Aiav Jain
Title: Vice President—Practice Leader
At es
City Clerk
Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-clean-8-10-22.&cx
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ATTACHMENT A
SCOPE OF SERVICES
For
DRAINAGE STUDY
392 LINCOLN AVE., PRESTON AVE. AND COOPER AVE.,AND 609 COLUMBIA AVE.
Prepared for:
Mr. Mike Pubentz, PE
Public Works Director
City of Elgin
1900 Holmes Road
Elgin, Illinois 60123-1200
Phone: 847.931.5968
Prepared by:
Ajay Jain, PE, CFM
Vice President— Practice Leader
HR Green, Inc.
1391 Corporate Drive, Suite 203
McHenry, IL 60050-5528
HR Green Project No.: 200630.01
Phone: 815.759.8331
February 10, 2023
TABLE OF CONTENTS
1.0 PROJECT UNDERSTANDING
2.0 SCOPE OF SERVICES
3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS SCOPE OF SERVICES
4.0 ITEMS NOT INCLUDED IN SCOPE OF SERVICES/SUPPLEMENTAL SERVICES
5.0 SERVICES BY OTHERS
6.0 CITY RESPONSIBILITIES
7.0 PROFESSIONAL SERVICES FEE
1.0 PROJECT UNDERSTANDING
1.1 General Understanding
HR Green, Inc. (ENGINEER) is being retained by the City of Elgin, Illinois (CITY) to
provide professional engineering services to prepare a Drainage Study concerning
the following three locations within the City of Elgin:
• 392 Lincoln Avenue;
• Preston Avenue and Cooper Avenue intersection, and
• 609 Columbia Avenue.
The CITY has recently (as of about three years ago) added high-capacity inlets at the 392
Lincoln Ave. and the Preston Ave. and Cooper Ave. intersection locations, and reports that
flooding has occurred again at these locations in August 2022. Additionally, the property
owner at 609 Columbia Ave. reports that stormwater backs up from the storm sewer system
along nearby IL State Highway 25 (Liberty St.) and floods the area including her property.
The flooding is possibly associated with the following reasons:
• limitations on the hydraulic capacity of the existing storm sewer system;
• obstructions within the storm sewer pipe, if any; and
• low lying area in the watershed with lack of a functional overland flood route.
To understand all the factors contributing to the flooding and evaluating potential alternatives
to reduce or alleviate flooding at these three locations, the CITY has requested a proposal
for professional engineering services to prepare a hydraulic study of the project area.
The area surrounding the 392 Lincoln Avenue property drains to a storm sewer along
Lincoln Avenue that eventually conveys stormwater flows to a 20-inch diameter storm sewer
that conveys flows south along St. John Street (via August Ave. and Lovell St.) The CITY
added a high-capacity storm inlet on Lincoln Avenue near the 392 Lincoln Avenue property
in 2020.
The area surrounding the Preston Avenue and Cooper Avenue intersection drains to a 24-
inch diameter storm sewer that conveys flow west along Cooper Avenue. An upper reach of
the same storm sewer system located several blocks to the southeast is also connected to
the storm sewers for a neighboring sewershed with an existing detention basin. The CITY
has recently added a high-capacity storm inlet within the intersection.
The area surrounding the 609 Columbia Avenue property drains to a 24-inch diameter storm
sewer that conveys flow south along Liberty Street (IL 25).
2.0 SCOPE OF SERVICES
The scope of work for professional engineering services include the following tasks
and is further detailed below:
• Data Collection
• Study and Analysis
• Meetings
• Project Administration
The following tasks are anticipated:
2.1 Data Collection
2.1.1 Data Gathering & Review
ENGINEER will request and obtain relevant project data for its review at the Project
Kickoff Meeting. The request of data will include but not limited to, the following:
• Previous drainage studies and reports, if available
• Storm sewer televising records
• Updated GIS and utility data, if available
• Updated aerial maps, ortho-contour and impervious shape files, if available
• As-built or improvements plans in the project areas, if available
• Flooding photos or documented high water marks, if available
2.1.2 Field Reconnaissance
Scope will include ENGINEER's visit to the site with CITY representatives to
evaluate the existing sites, walk the project areas to gain a better understanding
of the project areas and for evaluation of existing and proposed condition
alternates.
2.1.3 Field Survey
Trunk Storm Sewer Survey
Survey of existing storm sewer system in the vicinity of each of the project areas
will be obtained to define the existing system drainage conditions and for modeling
purposes. Survey of existing storm sewers is anticipated along the following
streets:
• Cedar Ave., Lincoln Ave., Lovell St., and St. John St. for 392 Lincoln Ave.
Project;
• Preston Ave., Cooper Ave., and the storm sewer that extends through the
detention basin near Hiawatha Dr. for Preston and Cooper Intersection
Project; and
• Columbia Ave., Liberty St., and Enterprise St. for the 609 Columbia Ave.
Project
Storm sewer structures will be surveyed including rim and invert elevations, pipe
size, direction as observed at visible and accessible manholes.
Roadway Cross Section
Limited survey of roadway cross section will be completed at approximately 50 LF
to 100 LF interval in the areas of flooding. Up to 12 roadway sections are
estimated. The following information will be obtained:
• Back of curb elevation
• Gutter flow line elevation
• Roadway centerline
• Edge of sidewalk elevation
The purpose of the roadway cross section is to determine ponding depth in the
low area for existing and proposed conditions inundation.
Flood Elevation and Lowest Adjacent Grade Elevation Survey at 392 Lincoln Ave
and 609 Columbia Ave
Based on recent flood pictures survey the approximate recent flood elevations.
Additionally, obtain the lowest adjacent grade elevation at 392 Lincoln Ave and
609 Columbia Ave. This information will be utilized during model calibration.
2.1.4 Geotechnical Engineering
One (1) geotechnical boring, approximately thirty-feet (30') will be obtained in the
low lying area of the project to determine the underlying soils for potential
infiltration. Geotechnical Engineering will be provided by Rubino Engineering.
2.2 Study and Analysis
2.2.1 Hydrologic and Hydraulic (H&H) Modeling
The scope shall include detailed H&H analysis of the project areas utilizing
XPSWMM two-dimensional (21D) computer software for the hydrologic and
hydraulic analysis. The purpose of the H&H analysis will be to model existing
conditions and identify problem areas and for alternative analysis.
An existing conditions 2D model in XP-SWMM will be prepared. This model is
likely to reflect the existing conditions that existed at the time of the recent storm
events and will be used for model calibration based on CITY staff input and records
of recent flood events. Inundation exhibits showing the areas of ponding and
ponding depths will be developed for the 2-year and 100-year storm frequencies
for each of the existing conditions. A tabular summary of ponding depth will also
be provided for 2-year, 10-year, 25-year, 50-year and 100-year storm frequencies.
The level of service provided by the existing storm sewer system (i.e. storm
frequency at which existing storm sewer does not surcharge) and the storm
frequency at which ponding depths exceeds the ROW will be provided.
Based on understanding of the system and reasons for flooding, a workshop
meeting will be held with the CITY staff to discuss available options to reduce or
alleviate the flooding and to determine the design criteria and level of service
desired. Generally, a reasonable design criterion is to provide a 10-year design
capacity in the storm sewer system without surface ponding and provide a 100-
year design capacity with no structure damage and to limit the ponding to CITY
ROW with one passable lane in the roadway. Utilizing a combination of feasible
options approved by the CITY, a proposed conditions model will be developed to
generate up to three alternates for each problem area to evaluate the effectiveness
of these alternates against the established design criteria. Similar to existing
conditions, inundation exhibits showing the areas of ponding and ponding depths
will be developed for the 2-year, 10-year and 100-year storm frequencies for each
of the alternatives. A tabular summary of ponding depth will also be provided for
2-year, 10-year, 25-year, 50-year and 100-year storm frequencies.
2.2.2 Field Review of Proposed Improvement Feasibility
Scope shall include a field review of proposed alternatives for construction
feasibility, property impacts, underground utility and/or overhead utility conflicts,
etc. and for use in developing the EOPC.
2.2.3 Review of Environmental and Permitting Requirements
The scope shall include a review of applicable permitting requirements for
proposed improvements and recommendations to minimize impacts. The scope
does not include preparing and/or obtaining permits as part of this contract.
2.2.4 Engineer's Estimate of Probable Construction Cost (EOPC)
The scope shall include preparing a conceptual level EOPC for each of up to three
feasible alternatives for each of the problem areas. The EOPCs will include
itemized lists of pay items, estimated quantities, unit costs (based on research and
review of recently awarded bids) and total costs with contingencies, etc. A 30%
contingency will be used for the EOPCs due to the concept level design stage of
the project.
2.2.5 Technical Memorandum
The scope shall include the preparation of a technical memorandum summarizing
the findings of the above study and analysis and a description of proposed
improvements. The technical memorandum will also include inundation exhibits,
tabular summary and conceptual exhibits of proposed improvements and EOPCs.
Quality Assurance/Quality Control
The scope shall include QA/QC review of the H&H modeling, EOPC, and technical
memorandum.
2.2.5 Quality Assurance/Quality Control (QA/QC)
The scope will include QA/QC of the hydrologic and Hydraulic models and
deliverables by a senior professional engineer.
2.3 Meetings
The following meetings are budgeted in the scope:
2.3.1 Kickoff Meeting and Coordination Meetings
One(1)kickoff meeting,one(1)workshop meeting to discuss results of the existing
and proposed improvements. The scope shall include preparing meeting agenda,
meeting exhibits, attending meeting and preparing meeting minutes.
2.4 Project Administration and Coordination
Scope shall include assembling a project team, set-up project accounting, develop
project schedule, and invoicing activities. Project administration shall also include
general project correspondence with the CITY regarding project status and
responding to CITY's questions, etc.
3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS SCOPE OF SERVICES
Upon completion of the work, ENGINEER will provide a Technical Memorandum
summarizing the findings of the above study and analysis and a description of
proposed improvements. The technical memorandum will also include inundation
exhibits, tabular summary and conceptual exhibits of proposed improvements and
Engineers Opinion of Probable Construction Costs (EOPC).
4.0 ITEMS NOT INCLUDED IN SCOPE OF SERVICES/SUPPLEMENTAL SERVICES
The following items are not included as part of this Scope of Services:
• Roadway topographic survey
• Right of Way (ROW) or Boundary Survey
• Sanitary and water main survey
• Tree survey
• JULIE Design Ticket/Franchise utility survey
• ALTA/NSPS Land Title Surveys;
• Plat of Highways and/or Plat of Easements
• Property owner coordination or meetings
• Public Meeting
• Regulatory agency meetings
• Meeting beyond those budgeted in the scope
• Preliminary or Final Engineering Design
• Permitting
Supplemental services not included in the Scope of Services can be provided by
ENGINEER under separate Scope of Services, if desired.
5.0 SERVICES BY OTHERS
Geotechnical services will be provided by Rubino Engineering
6.0 CITY RESPONSIBILITIES
CITY will furnish and/or facilitate the furnishing of any available data that will be
relevant to the drainage study and as identified in Section 2.1.1 of the scope.
7.0 PROFESSIONAL SERVICES FEE
7.1 Fees
The fee for services will be based on a rate of 3.23 times the direct hourly rate of
personnel employed on this PROJECT, current at the time the SCOPE OF SERVICES
is signed. Invoices
Invoices for ENGINEER's services shall be submitted, on a monthly basis. Invoices shall
be due and payable upon receipt.
7.2 Extra Services
Any service required but not included as part of this SCOPE OF SERVICES shall be
considered extra services. Extra services will be billed on a Time and Material basis with
prior approval of the CITY.
7.3 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.
7.4 Payment
The CITY AGREES to pay ENGINEER on the following basis:
Time and material basis with a Not to Exceed fee of$98,090.00 as detailed in
ATTCHMENT C.
ATTACHMENT B
SCHEDULE
PROJECT SCHEDULE
DRAINAGE STUDY-392 LINCOLN,PRESTON AND COOPER,609 COLUMBIA
No. Task Descriptions START DATE I END DATE
CONTRACT APPROVAL AND NOTICE TO PROCEED 26-Apr-23
NOTICE TO PROCEED 27-Apr-23
KICKOFF MEETING Week of April 27,2023
TASK 1 Data Collection
1.1 Data Gathering and Review Week of May 1,2023
1.2 Field Reconnaissance 1-May-23 12-May-23
1.3 Field Survey 1-May-23 12-May-23
1.4 Geotechnical Engineering 15-May-23 26-May-23
TASK 2 Study and Analysis
2.1 Hydrologic and Hydraulic Study 1-May-23 16-Jurr-23
2.2 Field Review of proposed conditions 19-Jun-23 23-Jun-23
2.3 Environmental and Permitting Requirements 26-Jun-23 30-Jun-23
2.4 EOPC 3-Jul-23 21-Juk23
2.5 Technical Memorandum 17-Jul-23 11-Aug-23
2.6 Quality Assurance/QualityControl 1-May-23 11-Aug-23
TASK 3 Meetings
3.1 Workshop Meeting Tentative-Week of June 26,2023
TASK 4 Project Administration and Coordination 27-Apr-23 11-Aug-23
ATTACHMENT C
FEE
MANHOUR AND FEE ESTIMATE
DRAINAGE STUDY-392 LINCOLN,PRESTON AND COOPER,609 COLUMBIA
TASK Task Descriptions Hours Labor Fee Subconsultant Direct Costs ITaskTotalCost
392 Lincoln
1.1 Data Gathering and Review 8 $1,496 $1,600 $3,096
1.2 Field Reconnaissance 4 $938 $60 $998
1.3 Field Survey 30 $3,722 $130 $3,852
2.1 Hydrologic and Hydraulic Study 82 $11,784 $11,784
2.2 Field Review of proposed conditions 2 $432 $60 $492
2.3 Environmental and Permitting Requirements 1 $216 $216
2.4 EOPC 13 $1,756 $1,756
2.5 Technical Memorandum 32 $4,016 $4,016
2.6 Quality Assurance/QualityControl 6 $1,426 $1,426
3,1 Meetings 8 $1,700 $60 $1.760
4.1 Project Administration 8 $1,638 $1,638
SUB-TOTAL 194 1 $29,124 1 $1,600 1 $310 $31,034
Preston and Cooper
1.1 Data Gathering and Review 8 $1,496 $1,600 $3,096
1.2 Field Reconnaissance 6 $1,370 $60 $1,430
1.3 Field Survey 30 $3,722 $130 $3,852
2.1 Hydrologic and Hydraulic Study 104 $14,556 $14,556
2.2 Field Review of proposed conditions 4 $864 $60 $924
2.3 Environmental and Permitting Requirements 1 $216 $216
2.4 EOPC 13 $1,756 $1,756
2.5 ITechnical Memorandum 32 1 $4,016 $4,016
2.6 Quality Assurance/QualityControl 10 $2,346 $2,346
3,1 Meetings 8 $1,700 $60 $1,760
4.1 Project Administration 8 $1,638 1 $1,638
TOTAL 224 $33,680 $1,600 $310 $35,590
609 Columbia
1.1 Data Gathering and Review 8 $1,496 $1,600 $3,096
1.2 Field Reconnaissance 4 $938 $60 $998
1.3 Field Survey 30 $3,722 $130 $3,852
2.1 Hydrologic and Hydraulic Study 84 $12,216 $12,216
2.2 Field Review of proposed conditions 2 $432 $60 $492
2.3 Environmental and Permitting Requirements 1 $216 $216
2.4 EOPC 13 $1,756 $1,756
2.5 Technical Memorandum 32 $4,016 $4,016
2.6 Quality Assurance/QualityControl 6 $1,426 $1,426
3,1 Meetings 8 $1,700 $60 $1,760
4.1 Project Administration 8 $1,638 $1,638
TOTAL 196 $29,556 $1,600 $310 $31,466
Grand Total 614 592,360 $4,800 $930 $98,090