98-161 Resolution No. 98-161
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HEY AND ASSOCIATES, INC.
(Tyler Creek)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, 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 the design, permit issuance and bid
preparation and evaluation for improvements to the main branch
of Tyler Creek, a copy of which is attached hereto and made a
part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: July 8, 1998
Adopted: July 8, 1998
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this /o pp-day of T UL " , 1998, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referr 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 the Tyler Creek Management Project (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, it is hereby agreed by and between the CITY and the ENGINEER that the
CITY does hereby retain 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 referred to as the "DIRECTOR".
B. In general,the work will consist of the following activities and tasks for the 1998 Tyler Creek
Management Project:
1. Conduct informational open house,
2. Attendance at coordination meetings,
3. Collection of all data and information required for conceptual design, (except
geotechnical)
4. Preparation of conceptual design,
5. Preparation of preliminary engineering,
6. Preparation of construction documents,
7. Preparation of permit documentation,
8. Provision of bid assistance, and
9. Report on erosion status
10. Construction administration services are included in this agreement but a fee for this
service will be negotiated after bids have been received.
C. A detailed Scope of Services is attached hereto as Attachment A.
II. PROGRESS REPORTS
The Engineer will complete the project as outlined in the Project Schedule set forth in the March 19,
1998 Project Proposal. All work will be completed by June 30, 1999 assuming a May 1, 1998 start.
Monthly progress reports keyed to the Project Schedule will be submitted with invoices as described
in Section IV of this Agreement.
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 Workmen's Compensation
claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER
in connection herewith, including negligent actions or omissions of employees or agents of the
ENGINEER arising out of the performance of professional services.
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. 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.
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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(Lump Sum Method)
A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum
of One Hundred Seventy-one Thousand and Three Hundred Forty Dollars ($171,340)
regardless of actual costs incurred by the ENGINEER unless SUBSTANTIAL
modifications to the project are authorized in writing by the DIRECTOR.
B. The CITY shall make periodic payments to the ENGINEER based upon actual progress
within 30 days after receipt and approval of invoice. Full payment for the project shall not be
made until all tasks have been completed and accepted by the DIRECTOR.
V. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports
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.
VII.TERM
This Agreement shall become effective as of the date the ENGINEER is given a written Notice to
Proceed 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.
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 $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.
XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES AND
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 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.
XVIII. 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.
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.
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 Acts (copy
attached).
A copy of the policies must be provided to the Department of Human Rights upon request. P.A.
87-1257.
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:
DAVID L. LAWRY,P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. AS to ENGINEER:
GARY C. SCHAEFER,P.E.
President
Hey and Associates, Inc.
627 North Second Street
Libertyville, Illinois 60048
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:
A 1ThST: THE CITY OF ELGIN
By By
City at,--
Clerk Ci an�r
(SEAL)
For the ENGINEER:
Dated this 16 day of �P� A.D. 1998.
ATTEST:
By4;.-LBy A •
Secretary President
(SEAL)
• ,(OF E�Ci
§ City of Elgin Agenda Item No.
July 1, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Engineering Services Agreement
1998 Tyler Creek Management Project
PURPOSE
The purpose of the memorandum is to provide the Mayor and
members of the City Council with the revised agreement with
Hey and Associates to provide design, permitting, and bid
preparation and evaluation for improvements to the main branch
of Tyler Creek.
BACKGROUND
On April 22 , 1998 , the City Council approved an agreement with
Hey and Associates, Inc . for engineering services subject to
changes in the scope of work to include Level 3 flood proofing
investigation of the private property issues, with the excep-
tion of the Judson College property. The scope of the agree-
ment with Hey and Associates has been changed and a copy is
attached as Attachment A. The revised language has been
underlined for clarity. There is no change in the cost of the
engineering as a result of the changed scope .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Friends of Tyler Creek
Flood Plain Task Force
FINANCIAL IMPACT
There are sufficient funds within account number
378-0000-795 . 92-32, project number 339501, for this agreement .
LEGAL IMPACT
None .
ALTE ATIVES
None .
Engineering Services Agreement/Tyler Creek Management Project
July 1, 1998
Page 2
RECOMMENDATION
It is recommended that the City Council approve the subject
agreement with Hey and Associates in the not-to-exceed amount
of $171, 340 . 00 and authorize staff to execute the necessary
documents .
11111 pectfully submi ed,
001 (2 ' ------
J9ce i . Parker
City Manager
TD/do
Attachments
ATTACHMENT A
SCOPE OF SERVICES
Hey and Associates; Inc. will conduct the tbllowing activities as part of the 1998 Tyler
Creek Management Project.
Open House
Hey will host an open house for residents of the Tyler Creek watershed to learn more
about the project and to provide input on conceptual design of project components. The
open house will be either in the evening or on a weekend, would he in Elam and weld.
last about four hours. Notice.would be mailed to residents of the watershed based on a
mailing list provided by the City.
Meetings
We anticipate a total of seven meetings daring design: the open house, two coordination
meetings, one meeting to review the concept plan, one meeting to review preliminary
engineering and the draft permit applications, one meeting to review the final
construction documents and advertisement for bids and one meeting to review bids and
select a contractor.
Design Development
This task will cover all aspects of data needed for conceptual design to proceed. The
following tusks would be completed.
Survey Boundary surveys and topographic survey at one-foot contours will be provided
for each strcan bank and water quality site. The boundary survey will include property
ownership limits, easements, and critical inverts for streambank stabilization sites 3, 4, 7,
II, 15, 16, 17 and 19 and for water quality sites at Route 31, Station 8190,Abbott Drive,
Illinois School, McClean Boulevard, Valley Creek, Station 29300 and Glendower
Terrace.
Hydraulic Data Hydraulic data will be generated for each of the ss-reaimbank
stabilization and water quality detention site& For the dctcutiuu sites this will include an
analysis of the effect of detention on storm sewer performance. For the streambank sites
it will include velocity data for 3-month, 6-montb. and I-year event flows using the
• existing Tyler Crock Hydraulic Model prepared by Hey and Associates.
Soils Surface soils will be characterized and reported at each project site.
Wetland Delineation Hey's wetland delineation will be flagged for each project site and
picked up as part of the survey.
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Vegetation Inventory Hey's vegetation inventory from the Tyler Creek plan will be
updated and expanded for each project site. A complete listing of vegetation including a
tree survey will be reported.
Easements
Hey will define the location and need for easements to allow each project to proceed. It is
our understanding that Elgin will negotiate and finalize all easement& Hcy will assist this
process as needed.
• Eculugical Resturatiun Plan
The ecological restoration plan will utilize the vegetation inventory to develop a site
specific autiou pbtu fur caclt of the six reaches of Tyler Creek in the City. The following
project categories will be de£iAed: stream cleaning, invasive vegetation removal, planting
of native vegetation and thirming of tree canopy Detailed specifications for performing
each of the above tasks also will be developed for incorporation into bid documents_
Access points for this work will be defined. A short and long term maintenance plan will
be prepared in the form of a manual for cach aspect of the 1999 Tyler Creek Management
Project.
Conceptual Design
Concept grading plans and outline specifications 'cviil he prepared for each of the
strcambank stabilization, watts quality detention sites and floodprooflng sites (except
below itoute 31) for City review. A conceptual design to reduce overbank flooding in the
Eagle Heights subdivision will be prepared a separate element. This will include
supporting hydraulic calculations, earthwork calculations and concept cost estimates.
Permit requirements will be defined and the schedule for construction refined. The City
will review the conceptual designs and select 16 (sixteen) projects for preliminary
engineering.
Preliminary Engineering
After City approval of concept plans, preliminary engineering will be completed for the
projects selected. This will result in approximately 75 percent complete documcnts.
Grading will be refined as will earthwork, hydraulic and compensatory storage
requirements. A detailed soil erosion and sediment control plan will be prepared_
Terlinical specifications will be drafted
Construction Documents
Once the City approves the preliminary engineering and final comments have been
received from the Corps and OWR, we will prepare final construction documents. This
will include Leal construction phins, supporting calculations, technical specifications,
general conditions and instructions to bidders. This task also will include bid
advertisements.
j .
Permit Docnmentatioin
The results of the preliminary engineering which leads to the construction documents will
he used for the documentation for the 404 permit and the OWR permit application. A
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Notice of Intent to IEPA will also be filed for a stormwater NPDES permit. All data
needed to support these applications will be included in this task. If necessary, as directed
by the corps or IDNR, a Phase I archaeological study will be performed foi each of the
' construction sites. This task will also include a response to comments on the public notice
for each permit.
Bid Assistance
We will assist Elgin in preparing the adveitiscuient for bids, instructing bidders,
reviewing bids and we will recommend contractors. It is anticipated that the detention
basin, streambAnk stabilization, ecological restoration and planting each may be bid as
separate contracts. However, this decision will be made as the project progresses and
bonding requirements are more clearly defined.
Streandnuik Erosion Status
A report will be prepared assessing the progress and severity of streambank erosion at the
15 sites not included for action in the 1997 Tyler Creek Management Plan. This report
will be based on an inspection and setting of erosion pins at the beginning of the project
• and an inspection during construction observation. Sites requiring attention will be
•
reported and prioritized.
Construction Administration
This taskis not included in the scope of work at this time but will be finalized after bids
are received. The following is provided to outline the probable level of effort. This task
will include the following activities,which are included in this agreement, but a fee for
• this service will be negotiated often bids have been received
Layout Survey Each construction site will be laid out, access limits defined and
• boundaries staked.
Construction Meetings Weekly construction meetings will be held to coordinate
contractors.Minutes of these meetings will be prepared
Construction Observation Hey will have a resident engineer on site daily during
construction. This engineer will be assisted by other Rey disciplines such as botany and
soils as needed. The resident engineer will prepare daily reports of construction progress
and problems. The resident engineer also will be responsible for change order requests,
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pay requests, checking of quantities of work, and checking quality of work.
• As-Built Survey An as-built survey of all detention and streambank stabilization
projects will be prepared.
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Final Inspection and Punchlist Hey will conduct a final inspection of all work based on
a punchlist for contractors prepared from the drawings and specifications.
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