77-0101 March and Guillou Inc. Tyler Creek Detention AGREEMENT FOR ENGINEERING SERVICES
COVERING PRELIMINARY ENGINEERING AND FEASIBILITY REPORT
TYLER CREEK DETENTION
THIS AGREEMENT, made and entered into this 1 day of January, 1977, by
and between M&E/Alstot, March & Guillou, Inc. , whose address is 3180 Adloff Lane,
Springfield, Illinois, 62703, hereinafter called ENGINEER, and the Public Agency
of the City of Elgin, hereinafter called PUBLIC AGENCY, covers certain professional
engineering and consulting services in connection with the proposed Tyler Creek
Detention as discussed in the report of ENGINEER entitled, Hydrologic Inventory,
Tyler Creek Watershed, Kane County, Illinois, dated October 1976.
WITNESSETH THAT, in consideration of these premises and the mutual covenants
herein set forth,
THE ENGINEER AGREES,
1 . To perform or be responsible for the performance of the following
engineering services, with estimated costs as indicated:
a. Installation and operation of recording stream gaging
station on Tyler Creek at, or near, the west crossing
of Eagle Road, to develop actual flow data to be used
in the final design of the Tyler Creek Detention 55,000
b. Completion of field surveys to delineate the profile
and cross section of Tyler Creek in the vicinity of
the proposed Detention 51 ,200
c. Completion of field surveys in the near vicinity of
the Chicago and Northwestern Railroad property, where
-2-
that property must be protected from the flood waters
of the proposed Detention $2,400
d. Completion of field surveys and preparation of detailed
topographic mapping to cover the area to be occupied by
the principal embankment, the emergency spillway, and
the outlet conduit of the proposed Detention $2,600
e. Determination of the design flood hydrograph using in-
formation of the planning report (paragraph one, hereof) ,
the data produced under Item la hereof, and the U. S.
Geological Survey gaging station on Poplar Creek $1 ,600
f. Attend meetings with land developers and public officials
regarding funding of a portion of the project with savings
from requirements of Ordinance G-1538, including the cost
of exhibits and analyses, and recommendations $3,000
g. Attend meetings and assist in the development of regional
and State inputs regarding recreation values, use of open
space, and possible State funding of a portion of the cost
of the proposed Detention $2,700
h. Assist PUBLIC AGENCY in discussions and studies concerning
facilities which would effect the integrity and function
of the proposed Tyler Creek Detention and portions of the
Creek which lie downstream of the proposed Detention $2,500
-3-
i . Prepare basic plan of improvement for the proposed
Detention and auxiliary facilities utilizing information
made available by studies herein, data of the planning
report, and other available sources ; to prepare and
submit to PUBLIC AGENCY thirty (30) copies of a report
setting forth the basic plan of development and the re-
sults of the gaging station operation (Item la) ; and to
present the plan of development at a meeting of the Elgin
City Council , or at a public meeting $5,000
2. To attend conferences to be held at the request of the PUBLIC AGENCY
in addition to normal visits for supervision and work of this
AGREEMENT.
3. The basic survey notes and sketches, charts, computations and other
data prepared or obtained by ENGINEER pursuant to this AGREEMENT will
be made available, upon request, to the PUBLIC AGENCY without cost
and without restrictions or limitations as to their use.
4. That all plans and other documents furnished by ENGINEER pursuant to
this AGREEMENT will be endorsed and will show the appropriate pro-
fessional seal where such is required by law or is requested by
PUBLIC AGENCY.
5. To submit, upon request by PUBLIC AGENCY, a list of the personnel
and the equipment he proposes to use in fulfilling the requirements
of this AGREEMENT.
-4-
6. During the performance of work under this AGREEMENT the ENGINEER,
for himself, his assignees and successors in interest agrees to
conform to the requirements of the "Special Provision for Fair
Employment Practices" attached hereto and made a part hereof.
The words "contract" and "contractor" in the special provision
shall be interpreted to mean "AGREEMENT" and "ENGINEER," respectively.
THE PUBLIC AGENCY AGREES,
1 . To pay for the services stipulated in paragraphs la, lb, ic, ld, le,
lf, la, lh and li at the hourly rates stipulated below for personnel
assigned to the work of this AGREEMENT as payment in full to the
ENGINEER for the actual time spent in providing these services - the
hourly rates to include profit, overhead, readiness to serve,
insurance, social security, and retirement deductions. Travelling
and other out-of-pocket expenses will be reimbursed to the ENGINEER
at his actual cost. Subject to the approval of PUBLIC AGENCY, the
ENGINEER may sublet all or part of the services provided under this
AGREEMENT. If the ENGINEER sublets all or a part of this work, PUBLIC
AGENCY will pay the Cost to Engineer plus 10 percent to cover readiness
to serve. "Cost to Engineer" to be verified by furnishing PUBLIC AGENCY
copies of invoices from the party doing the work.
Grade Classification
of Employee Hourly Rate
Principal $45.00
Professional Engineer 27.50
Junior Engineer 15.65
Engineer in Trainina 12.25
Chief Draftsman 21 . 25
Draftsman 11 .25
Secretary 11 .90
-5-
It is specifically agreed by the parties to this AGREEMENT that
the maximum payment to the ENGINEER shall not exceed the sum of
$26,000, unless this AGREEMENT shall be modified in writing by
mutual agreement, partial payments, not to exceed 90 percent of
the amount earned, may be made from time to time as the work
progresses. Final payment shall be made upon acceptance of the
feasibility report.
2. That, should the improvement be abandoned at any time after the
ENGINEER has performed any part of the services provided for in
this AGREEMENT and prior to the completion of such services, the
PUBLIC AGENCY shall reimburse the ENGINEER for his actual costs
plus 10 percent incurred up to the time he is notified in writing
of such abandonment - "actual cost" being defined as material costs
plus actual payrolls, insurance, social security, and retirement
deductions. Travelling and other out-of-pocket expense will be
reimbursed to the ENGINEER at his actual cost.
3. That, should the PUBLIC AGENCY extend the term of the AGREEMENT
beyond one calendar year from the date hereof, the PUBLIC AGENCY
will pay the ENGINEER, in addition to the fees provided herein,
his actual costs incurred beyond said time limit - "actual cost"
being defined as in paragraph 2 above.
IT IS MUTUALLY AGREED,
1 . That any difference between the ENGINEER and the PUBLIC AGENCY
concerning the interpretation of the provisions of this AGREEMENT
ā¢
-6-
shall be referred to a committee of disinterested parties,
consisting of one member appointed by the ENGINEER, one member
appointed by the PUBLIC AGENCY, and a third member appointed by
the other two members, for disposition and that the committee' s
decision shall be final .
2. This AGREEMENT may be terminated by the PUBLIC AGENCY upon
giving notice in writing to the ENGINEER at his last known
post office address. Upon such termination the ENGINEER shall
cause to be delivered to the PUBLIC AGENCY all drawings, partial
and completed estimates, and data, if any from soil survey and
subsurface investigations, with the understanding that all such
material becomes the property of the PUBLIC AGENCY. The ENGINEER
shall be paid for any services completed and any services partially
completed in accordance with paragraph 2 of "THE PUBLIC AGENCY
AGREES. "
3. That the ENGINEER warrants that he has not employed or retained
any company or person, other than a bona fide employee working
solely for the ENGINEER, to solicit or secure this contract, and
that he has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the ENGINEER, any
fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warranty
the PUBLIC AGENCY shall have the right to annul this contract
without liability.
0
-7-
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed
in quadruplicate counterparts, each of which shall be considered as an original
by their duly authorized officers as of the dates below indicated.
Executed by the PUBLIC AGENCY, this City of Elgin
Kane County, State
day of January, 1977. of Illinois, acting by
and through its
ATTEST: Aii I
By vā"ā BY inkalliffil"
Clerk Title:
Executed by the ENGINEER, this M&E/Alstot, March & Guillou, Inc.
Adl . f L- e
day of January, 1977. Sprinsf'el ā¢ , linois 62703
By
ATTEST:
Vice President
jge -,
By
President 1744Y