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94-130 Resolution No. 94-130 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HEY AND ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Hey and Associates, Inc. for professional engineering services for the Tyler Creek Regional Detention Facility, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 11, 1994 Adopted: May 11, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • El 'n ( y Agenda Item No. . April 21, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Agreement with Hey and Associates, Inc. PURPOSE To provide the Mayor and City Council with information to consider entering into an agreement with Hey and Associates, Inc. , for the performance of a prefeasibility study to provide equivalent storm water detention for Valley Creek. BACKGROUND Valley Creek, over the years, was allowed to develop without on-site storm water detention. Instead, Valley Creek was permitted to contribute funds towards the construction of the Tyler Creek Regional Detention Facility. On June 23, 1993, the City withdrew its 404 permit application from the Corps of Engineers when it became apparent that the permit would not be approved. One of the major concerns of the Corps of Engineers was that no alternative solutions were explored by the City. The prefeasibility study proposed to be conducted by Hey and Associates would identify all alternatives available to the City to obtain a minimum 90 acre feet of equivalent storm water detention west of Eagle Heights. Evaluation criteria will be established and applied to each alternative identified. Alternatives will be ranked and a preferred alternative will be selected and tested. The Corps of Engineers, IEPA, Kane County Forest Preserve, Kane County and Valley Creek will be consulted and kept in- formed of the study. FINANCIAL IMPACT The prefeasibility study is expected to cost $38,000. The prefeasibility study and design report (next phase of the project) have been included in the 1994 budget under account Mayor and Members of the City Council April 21, 1994 Page 2 project) have been included in the 1994 budget under account 378-00-00-796 . 92-32, Project 339501, in the amount of $200,000. The estimated 1994 beginning balance in the Tyler Creek Fund is $1 million. LEGAL IMPACT None. RECOMMENDATION Authorize the City Manager to execute an Agreement with Hey and Associates, Inc. , in the amount of $38,000 . Respectfully submitted, Richard B. Helwig City Manager JLK/do Attachment r AGREEMENT THIS AGREEMENT, is made and entered into this . ,-i42 day of Jd /l/C , 1994, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Hey and Associates, Inc. (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Tyler Creek Storm Water Detention: Pre-feasibility Alternatives Analysis (hereinafter referred to as the "PROJECT" ) . AND WHEREAS, the ENGINEER represents that he 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, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. 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. In general, the work will consist of the following tasks : 1 . Review of existing information and documentation. 2 . Problem(s) definition and establishment of project goals and objectives . 3 . Data collection. 4 . Alternatives identification. -2- 5. Feasibility assessment of each alternative and ranking. 6 . Testing of preferred alternative. 7 . Final report. C. A detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder based upon weeks to complete a task after a notice-to-proceed is issued: Task 1 Review data 4 weeks Task 2 Define problem 4 weeks Task 3 Data collection 8 weeks Task 4 Alternatives analysis : 12 weeks Task 5 Select preferred alternative : 16 weeks Task 6 Test preferred alternative : 20 weeks Task 7 Final report : 24 weeks B. The Engineer shall submit to the Director monthly a Status Report keyed to the Project Milestone Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues . III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, 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 products for its records . Such work products are 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. IV. PAYMENTS TO THE ENGINEER A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of Thirty eight -3- Thousand ( 38,000) Dollars, regardless of actual Costs incurred by the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in writing by CITY through a change order or amendment. The lump sum fee above shall constitute full payment for all costs and expenses incurred under this Agreement. B. 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. Tasks are more fully identified in paragraph 1B above and on Attachment A. Task 1 • $ 4,500 Task 2 • $ 1,500 Task 3 • $10,500 Task 4 • $ 4,000 Task 5 • $ 9,000 Task 6 • $ 6 ,000 Task 7 • $ 2,500 V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports ( IIC 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. VI. 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 Paragraph IV above. -4- VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed following approval of CITY'S corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR 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 breach hereof by the ENGINEER. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. 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. X. INDEMNIFICATION The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including but not limited to Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including but not limited to negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services . -5- XI. 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. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of Comprehensive General Liability Insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a 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 which shall include Contractual obligation assumed by the ENGINEER under Article IX entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of 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 Engineer' s Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $500,000 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. -6- XIII. 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 . XIV. 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. XV. 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. XVI. 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 -7- if it had done the work itself and no assignment, delegation or subcontract had been made. XVII. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever or to constitute an employment relationship between the parties hereto. XVIII. 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. XIX. 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. XX. 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. XXI. 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 . -8- XXII. 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. XXIII . COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257 . -9- XXVI. 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. XXVII. 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: JAMES L. KRISTIANSEN Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Gary C. Schaffer Vice President Hey and Associates, Inc. 627 North Second Street Libertyville, IL 60048 -10- IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By & .4)--/A-4,,..(i /)1JcA By City C erk City Manager (SEAL) For the ENGINEER: Dated this23P.D day of /.4 '1t ( �4 St , A.D. , 1994 . ATTEST: B �� . 1. ' By Vice President (SEAL "OFFICIAL SEAL" LULA M. GOLDEN Notary Public, State of Illinois My Commission Expires 3/5/98 Hey and Associates,Inc. 627 North Second Street ATTACHMENT A Libertyville, IL 60048 Q)5ce (708)918-0888 Fax (708) 918-0892 U F g \i +p March 14, 1994 (AAR i. ) 1994 Mr. James Kristiansen ELGIN Director of Public Works CITY O F [LG I N City of Elgin ENGINEERING DEPT. 150 Dexter Court Elgin, Illinois 60120 Re: Tyler Creek Stormwater Management Pre-Feasibility Alternatives Analysis Dear Mr. Kristiansen: As requested in your letter of March 3, 1994 we have revised our proposal for a pre-feasibility analysis of regional stormwater management alternatives for Tyler Creek. The revised scope for this work is as follows. PURPOSE The purpose of this work is to provide a pre-feasibility analysis of alternative solutions that will provide at least 100 acre-feet of detention in the Tyler Creek watershed. The alternatives must provide the necessary storage and be ecologically sound. SCOPE OF WORK 1. Review of Existing Documentation A comprehensive review of all existing documentation will be performed. This step is necessary to avoid duplication of work. A preliminary review shows that important and useful work has already been completed that will assist in the development of alternatives to the previous plans. A thorough understanding of the work completed to date is critical to minimizing permitting hurdles in future stages of the project. It will also be necessary to meet with federal, state, and local agencies to obtain data and background information. Cost $ 3,000 Subcontract: Guillou and Associates $ 1,500 2. Definition of Existing Problem and Refinement of Goals Because the goals of the project will be defined by the existing problems, they must be clearly identified. Given the high quality of the Tyler Creek riparian areas, multiple goals may need to be set. It will be necessary that these goals be prioritized with input from all relevant parties. The current status of the Tyler Creek watershed and instream conditions will be analyzed to define the critical issues related to stormwater management. Cost $ 1,000 Subcontract: Guillou and Associates $ 500 Mr. James Kristiansen March 14, 1994 Page 2 3. Additional Data Collection A number of different wetland hydrology, hydraulic, and ecological studies have already been undertaken or will be undertaken as part of other projects. However, data on wetland community location, stream instability and analyses of potential associated ecological impacts is needed to provide a complete definition of issues for this project. A brief aquatic ecological assessment of the corridor from mile 2 to mile 7 also is needed from the perspective of possible project opportunities. This work will build on and not duplicate previous and ongoing studies. Cost $ 6,000 Subcontracts: Guillou and Associates $ 1,500 Dr. Rick Anderson $ 3,000 4. Identification of Alternatives Alternative solutions for the project must be identified. The thorough identification of these alternatives will ensure that feasible solutions are not overlooked. Existing information will be used to begin this process. However, new information and preliminary field investigations also will be used in the identification of alternative solutions. A "no build" option plus alternate scenarios will be considered. Data from the previous study will be used to analyze the necessary flood storage, flood damage, environmental considerations, property ownership, and future growth expectations. The product will be a matrix of alternatives and issues suitable to meet the USEPA 404 (b) (1)guidelines. Cost $ 3,000 Subcontract: Guillou and Associates $ 1,000 5. Feasibility Assessment and Evaluation of Preferred Alternatives. The identified alternatives will be evaluated for their feasibility. This process will eliminate infeasible solutions and will help rank feasible solutions. As before the product will be a matrix which will rank the effectiveness of problem solutions in meeting project goals, capital and maintenance costs of each alternative, impacts to the environment, and permit requirements. This evaluation will result in a draft feasibility report describing preferred alternatives which will be presented to the Elgin City Council for endorsement Cost $ 7,500 Subcontract: Guillou and Associates $ 1,500 6. Testing the Preferred Alternative After selection by the City, the preferred alternative will be tested to ensure that it could be accomplished. A plan for implementation of the alternative will be developed. This plan will include sufficient preliminary engineering to allow reaction from regulatory agencies, more detailed cost estimates and a schedule for implementation of the alternative, including permit submittal requirements. It also will include a discussion of avoidance and minimization and a conceptual mitigation plan. Cost $ 3,500 Subcontract: Guillou and Associates $ 2,500 Mr. James Kristiansen March 14, 1994 Page 3 7. Final Report Preparation After selection by the City,A report will be prepared that summarizes the tasks listed above after discussion of results with Elgin. The report will highlight the recommended solution or solutions and outline the steps necessary for implementation. This document will act as the base for the preliminary permit submittal, based on refinement after final engineering has been completed. Cost $ 2,500 The cost of this project will be $ 26,500 for Hey and Associates, an $ 8,500 subcontract to Guillou and Associates, and a $ 3,000 subcontract for Dr. Anderson for a total of$ 38,000. We will undertake this work on a lump sum basis with the payment schedule to be defined in the contract. We anticipate that after key tasks are completed we will meet to coordinate with Elgin staff to discuss results and next steps. We look forward to working with you on this project. We have marked up a copy of the draft contract you provided with our suggested changes and enclosed it with this letter. Should you have any questions or need more information, please call. Sincerely, (k4(7 6"fet Gary C. Schaefer, P. E. Vice President , 4 Mr. James Kristiansen March 14, 1994 Page 4 TYLER CREEK PROJECT MILESTONE SCHEDULE MONTHS FROM PROJECT START 1 2 3 4 5 6 1. Review data X 2. Define problem X 2a. Meet with city X 3. Data collection X 4. Alternatives analysis X X 4a. Meet with city X 5. Feasibility assessment and ranking X X 5a. Meet with city X 5b. Meet with council X 6. Test preferred alternative X 6a. Meet with city X 7. Final report X