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HomeMy WebLinkAbout24-227 Resolution No. 24-227 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAVEY RESOURCE GROUP, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH HAWTHORNE HILL NATURE CENTER TEN YEAR RESTORATION MANAGEMENT PLAN BE IT 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 Davey Resource Group, Inc., for professional services in connection with Hawthorne Hill Nature Center ten year restoration management plan, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2024 Adopted: October 9, 2024 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this _9th day of October 2024, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as"CITY") and _Davey Resource Group, Inc._(hereinafter referred to as"CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with Hawthorne Hill Nature Center Ten Year Restoration Management Plan(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 Facilities Superintendent of the CITY, herein after referred to as the "SUPERINTENDENT". B. The scope of work shall include mapping, creation and execution by the CONSULTANT of a Restoration Management plan. This plan will include invasive species removals, woody brush removal, native seed installation and controlled bums throughout a ten-year period. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule and project schedule for the PROJECT is included as Attachment B,attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in 2.B below. B. The CONSULTANT will submit to the SUPERINTENDENT 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 SUPERINTENDENT; 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. For services provided the CONSULTANT shall be paid at the rate of one times the direct hourly rate of personnel employed on this PROJECT in accordance with Attachment B, with the total fee not to exceed $436,616 regardless of the actual costs incurred by the CONSULTANT unless substantial modifications to the scope of the work are authorized in writing by the SUPERINTENDENT. B. For outside services provided by other firms or subcontractors, the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT, plus_0 The costs for any such outside services are included within the total not to exceed amount provided for in paragraph 4.A above. C. The costs of any reimbursable expenses are included within the total not to exceed amount provided for in paragraph 4.A above. D. 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 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 SUPERINTENDENT. 2 YEAR WORK COST 2024 Invasive Species Management and Mapping and Restoration $24,063 Management Plan 2025 Invasive Species Management, Invasive Woody Brush Removal, $223,134 Woody Resprout Control, Prescribed Bum, Native Seed Install 2026 Invasive Species Management,Native Seed Install $18,680 2027 Invasive Species Management $19.206 2028 Invasive Species Management, Prescribed Burn $32,045 2029 Invasive Species Management $20,245 2030 Invasive Species Management,Prescribed Bum $33,744 2031 Invasive Species Management _ $21,283 2032 Invasive Species Management $21,803 2033 Invasive Species Management $22,413 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2.B 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 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 set forth under 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. The term of the Agreement is for three years from the Effective Date with up to seven one-year 3 subsequent renewals, conditioned upon satisfactory performance by the CONSULTANT in the sole discretion of the CITY and appropriation of funds by the City Council. If no funds are appropriated for a year of the Agreement, services will not be provided for that year and the remainder of the Agreement shall remain in full force and effect. 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 changcs are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the SUPERINTENDENT relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the SUPERINTENDENT 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 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 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 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 4 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, SUPERINTENDENT, 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 SUPERINTENDENT 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 SUPERINTENDENT. 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. 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 5 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 SUPERINTENDENT as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the SUPERINTENDENT. 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/AFFIRMATIVE ACTION The Consultant will not discriminate against any employee 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. Consultant 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. Consultant shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. Consultant 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. 6 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 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 agree 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 constitute 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 7 The CONSULTANT may not issue any news releases without prior approval from the SUPERINTENDENT, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the SUPERINTENDENT 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 CONTRACTING 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. SUBSTANCE ABUSE PROGRAM. 8 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the SUPERINTENDENT and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The SUPERINTENDENT 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: City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Davey Resource Group, Inc. 910 S. Riverside Drive, Suite 5 Elmhurst, IL 60126 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 -9- shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT 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, email, or other electronic means 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,email,or other electronic means 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. CITY • By: Richard G. Kozal, City Manager Atte t: ity Clerk CONSULTANT: Davey Resource Group, Inc. By: Name/Prin Nazario ivas Title: Area Manager - 10 - ATTACHMENT A SCOPE OF SERVICES Davey Resource Group's approach to completing the project tasks is as follows: All Years-Invasive Species Management(4 Growing Season Visits)-2024-2033 A.Visits to include herbaceous species management -see attached species list. B. Visits will typically be made May-October - Visits vary based on species controlled. If the 2024 season is contracted-August through October. Year One-Mapping and Restoration Management Plan-2024 A.Restoration Management Plan (RMP) will include reports submitted after each management visit and specific species treated,dates treated,and recommendations for future restoration efforts needed to control invasive species. B. Mapping of work areas will be required with visit reports and the RMP. Formatted GIS map will be required. Specific data to be collected will include but may not be limited to location (latitude/longitude coordinates; degrees/minutes/seconds),type of work,herbicide used,and date of work. C.The RMP shall be updated annually. D.FQA methodology shall be used to monitor and guide restoration decisions. E.Native seed species and quantities shall be recommended for year two or three installation. Year Two-Invasive Woody Brush Removal-6"DBH and Under(See Species List)-2025 A.Reduction of specified woody invasive species via hand cutting with chainsaws and clearing saws, and forestry mowing(if site conditions permit). B.Cut stumps shall be treated with appropriate herbicide to minimize resprouting. Year Two-Invasive Species-Woody Resprout Control-2025-(1 Growing Season Visit in June) A.Foliar herbicide application of woody resprouts. Year Two -Prescribed Burn Management- Fall 2025/Spring 2026 A.Prescribed burn management is intended as a preparation for seed bed preparation for 2026 spring native seed installation. Fuel load may be inadequate and deemed unnecessary. B.Seed attached qualifications requirements. C. Local and Illinois EPA open burn permits are required and are incidental to the price for burn management. Year Two/Three-Native Seed Installation-Fall 2025/Spring 2026 A.Native species and quantities per the RMP B. Budget pricing is included in the RFP Part B response. Year Five-Prescribed Burn Management-Fall 2028/Spring 2029 A. Local and Illinois EPA open burn permits are required and are incidental to the price for burn management. Year Seven-Prescribed Burn Management- Fall 2030/Spring 2031 A. Local and Illinois EPA open burn permits are required and are incidental to the price for burn management. ATTACHMENT B PROJECT SCHEDULE Rate Schedule Contract Type Quantity Unit Unit Price Total Price Year One-Invasive Species-2024 Reduction/Management(Herbaceous) Firm-Fixed Price I LumpSum $ 17,880.00 $ 17,880.00 Year One-Mapping and Restoration Master Plan-2024 Finn-Fixed Price 1 Lump Sum $ 6,183.00 $ 6,183.00 Year Two-Invasive Species Reduction/Management(Herbaccous)- 2025 Firm-Fixed Price 1 LumpSum $ 18,417.00 $ 18,417.00 Year Two-Invasive Woody Brush Reduction-6"DBH and Under-2025 Firm-Fixed Price 20 Acres $ 7,929.60 $ 158,592.00 Year Two-Invasive Species Reduction/Management Resprout Control)-2025 Firm-Fixed Price 4 Visits $ 4,431.00 $ 17,724.00 Year Two-Prescribed Bum Management Firm-Fixed Price 1 Lump Sum $ 11,330.00 $ 11,330.00 -2025 Year Two-Native Seed Installation Budget(Species TBD)-2025 Firm-Fixed Price 1 LumpSum $ 17,071.00 $ 17,071.00 Year Three-Invasive Species Reduction/Management (Herbaceous/Woody)-2026 Firm-Fixed Price 4 Visits $ 4,670.00 $ 18,680.00 Year Four-Invasive Species Reduction/Management (Hcrbaceous/Woody)-2027 Firm-Fixed Price 4 Visits $ 4,801.50 $ 19,206.00 Year Five-Invasive Species Reduction/Management (Herbaceous/Woody)-2028 Firm-Fixed Price 4 Visits $ 4,931.25 $ 19,725.00 Year Five-Prescribed Burn Management- Firm-Fixed Price 1 LumpSum $ 12,320.00 $ 12,320.00 2028 Year Six-Invasive Species Reduction/Management (Herbaceous/Woody)-2029 Firm-Fixed Price 4 Visits $ 5,061.25 $ 20,245.00 Year Seven-Invasive Species Reduction/Management (Herbaceous/Woody)-2030 Firm-Fixed Price 4 Visits $ 5,191.00 $ 20,764.00 Year Seven-Prescribed Bum Management-2030 Firm-Fixed Price 1 Lump Sum $ 12,980.00 $ 12,980.00 Year Eight-Invasive Species Reduction/Management (Herbaceous/Woody)-2031 Firm-Fixed Price 4 Visits $ 5,320.75 $ 21,283.00 Year Nine-Invasive Species Reduction/Management (Hcrbaceous/Woody)-2032 Firm-Fixed Price 4 Visits $ 5,450.75 $ 21,803.00 Year Ten-Invasive Species Reduction/Management