02-186 Resolution No. 02-186
RESOLUTION
AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH
PATRICK ENGINEERING FOR SURVEY SERVICES RELATED TO THE
OFF SITE COMPENSATORY STORAGE PLAN
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 interests of the city; and
BE IT FURTHER RESOLVED that Olufemi Folarin, Interim City
Manager, and Dolonna Mecum, City Clerk, be and are hereby
authorized and directed to execute a Professional Services
Agreement on behalf of the City of Elgin with Patrick
Engineering for survey services related to the Festival Park and
Par Development Off Site Compensatory Storage Plan, a copy of which
is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: May 22 , 2002
Adopted: May 22 , 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this day of
2002 , by and between the CITY OF ELGIN, ILLINOIS, a municipal
corporation (hereinafter referred to as the "City" ) , and PATRICK
ENGINEERING, an Illinois corporation (hereinafter referred to as
"Consultant" ) .
WITNESSETH
WHEREAS, the City Council of the City has on May 24, 2000 adopted
the City of Elgin Riverfront/Center City Master Plan; and
WHEREAS, the City has determined it to be necessary and desirable
to obtain the assistance of a professional consultant to provide
professional survey services related to the Festival Park and Par
Development off site Compensatory Storage Plan; and
WHEREAS, the Consultant is experienced in providing such services
for riverfront redevelopment projects and desires to render the
professional consultant services to the City.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows :
1 . Scope of Work
Consultant shall perform and direct the necessary qualified
personnel to perform the professional services for
professional survey services related to the Festival Park and
Par Development off site compensatory storage plan, per the
scope of services as set forth in the "PROPOSAL TO PROVIDE
PROFESSIONAL SURVEYING SERVICES" , dated January 4 , 2002 ,
consisting of two pages attached hereto and made a part hereof
as Exhibit 1 . All work hereunder shall be performed under the
direction of the City Manager of the City and the Director of
Economic Development and Business Services of the City.
Consultant shall be entitled to rely upon the accuracy and
completeness of information and reports furnished by the City.
2 . Time Schedule and Term
Consultant shall perform and complete the various services and
tasks in according to the schedule as set for in Exhibit 1,
Section E, "SCHEDULE" . Changes in the scope of work as
directed by the city, timing of decisions by the city, timing
of approvals by authorities having jurisdiction over the
project and other events outside the control of the Consultant
may, however, affect the time line . Other alterations to the
time line may be made by mutual written agreement of the
parties .
The term of this agreement shall commence upon execution
hereof and shall be completed as soon as possible and
Consultant shall have performed and completed all of the
services to be provided within such period. Consultant shall
commence work on or before and conclude such work on or before
3 . Fees
A. Payments for services provided by the Consultant shall be
reimbursed at the hourly rate of its professional and
technical personnel as set forth on Exhibit 1 attached
hereto and made a part hereof by this reference, with the
total fees and expenses to be paid to Consultant not to
exceed $21, 350 regardless of actual time expended or
actual costs incurred by the Consultant unless material
modifications to the projects are authorized in writing
by the City and approved by the City Council .
B. Incidental expenses incurred by the Consultant in the
performance of the services pursuant to this agreement,
such as by way of example, travel to and from Elgin or
Consultant team offices, photocopies, check prints of
work in process exchanged between team members and
computer time, are included in the above not-to-exceed
total fee of $21, 350 . Also included in the above not-to-
exceed total fee of $21, 350 are reimbursable out-of-
pocket expenses incurred by the Consultant for
deliverables, such as photocopies, photography, diazo,
large format copies of maps, reproducible mylars, digital
color output of summary reports, permits and courier
service when requested by the city. Such reimbursable
out-of-pocket expenses that are invoiced to the
Consultant through a third party vendor, that are
subsequently invoiced to the City, are subject to a
multiple of 1 . 15 of the invoice amount .
C. Consultant shall submit invoices in a format approved by
the City. Progress reports will be included with all
payment requests . The Consultant shall maintain records
showing actual time devoted and costs incurred. The
Consultant shall permit the City to inspect and audit all
data and records of the Consultant for work done and
expenses incurred pursuant to this agreement . The
Consultant shall make these records available at
reasonable times during the agreement period, and for a
year after expiration or termination of this agreement .
4 . Rights in Results of Services
The results of Consultant' s services under this agreement
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shall be the exclusive property of City, and all documents
(including, without limitation, all writings, drawings,
blueprints pictures, recordings, computer or machine-readable
data, and all copies or reproductions hereof) which describe
or relate to the services performed or to be performed
pursuant to this agreement or the results thereof, including,
without limitation, all notes, data, reports or other
information received or generated in the performance of this
agreement shall be the exclusive property of City and shall be
delivered to City upon request (except for one copy, which may
be retained by Consultant for its confidential files) . No
articles, papers, treatises, or presentations related to or in
any way based upon or associated with the services performed
pursuant to this agreement shall be presented or submitted for
publication without the prior written consent of City.
S . Other Agreements
Consultant warrants that it is not a party to any other
existing or previous agreement which would prevent Consultant
from entering into this agreement or which would adversely
affect Consultant' s ability to perform services under this
agreement . During the term of this agreement, Consultant
shall not, without the prior written consent of City, perform
services for any persons, firm or corporation other than City
if such services could foreseeable lead to a conflict with
Consultant' s obligations under this agreement .
6 . If Consultant intends to hire or retain any person, firm or
corporation to perform services under this agreement,
Consultant shall first secure the written agreement of such
party that such party (1) shall assume an agree to be bound by
the same obligations as Consultant has assumed under the
provisions of this agreement, and (2) that such party shall
not be or act as an agent or employee of City, nor assume or
create a commitment or obligation on behalf of nor bind City
in any respect whatsoever. Consultant shall provide City with
a copy of each such written agreement .
Prior to subcontracting, Consultant shall obtain prior written
approval of the City for each individual subcontractor. City
shall have the right to refuse approval of any subcontractor
for any reason.
Any fees, payments or other costs associated with any
subcontractor or other persons or firm shall be at the sole
cost of the Consultant payable from the fees the City is
paying to Consultant pursuant to this agreement .
7 . Assignment
Neither this agreement nor any of the rights or obligations
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hereunder may be assigned or otherwise transferred by
Consultant, nor shall the benefits of this agreement inure to
the benefit of any trustee in bankruptcy, receiver or creditor
of either party, except as may be required by law, whether by
operation of law or otherwise, without the prior written
consent of either party. Any attempt to assign or transfer
this agreement or any rights hereunder without such consent
shall be null and void and of no force or effect .
8 . Independent Contractor
Consultant is and shall perform its services under this
agreement as an independent contractor, and shall not be
deemed an agent, employee or legal representative of City.
Consultant has no authority to assume or create any commitment
or obligation on behalf of or to bind City in any respect
whatsoever.
9 . Licenses
Consultant shall obtain at its cost any and all licenses
required by federal, state, or local statutes, regulations or
ordinances necessary for the performance of its services
pursuant to this agreement .
10 . Compliance with Laws
Consultant shall at all times impose work orders on its
employees and subcontractors which are designed to assure that
they comply with all applicable federal, state, and local laws
and regulations (including, but not limited to, occupational
safety and environmental protection statutes and regulations)
in performing services hereunder, and shall comply with any
directions of governmental agencies and City relating to site
safety, security, traffic or other matters .
Failure to comply with this section shall constitute a
material breach of this agreement, and shall entitle City to
terminate this agreement upon ten (10) days written notice
without penalty to City.
11 . Indemnification of City
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 and all claims, suits, judgements, costs, attorney' s
fees, damages, or other relief, including but not limited to
workers' compensation claims, in any way resulting from or
arising out of the negligent actions or omissions of the
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Consultant in connection herewith, including negligence or
omissions of employees 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.
12 . Force Majeure
The Consultant shall not be liable to the City for any
failure, delay or interruption of service or for any failure
or delay in the performance of any obligation under this
agreement due to strike, walkouts, acts of God, governmental
restrictions, enemy actions, civil commotion, unavoidable
casualty, unavailability of fuel or parts or other similar
acts beyond the reasonable control of the Consultant .
13 . Consultant' s Insurance
Consultant shall obtain and maintain the following policies of
insurance :
(1) Worker' s compensation and occupational disease insurance
in amounts required under the laws of the State of
Illinois;
(2) Comprehensive general liability and automobile liability
insurance for bodily injury, death or loss of or damage
to property of third persons written in occurrence form
in the minimum amount of $1 million per occurrence which
policy shall name City as additional insured. Consultant
shall furnish to City of Elgin a certified copy of such
policies concurrently with the execution of this
agreement .
(3) Professional liability insurance for errors and omissions
in the minimum amount of $1 million per occurrence and in
aggregate . Consultant shall furnish to the City a
Certificate of Insurance as evidence of such policy
concurrently with the execution of this agreement .
14 . Severability
The parties intend and agree that if any portion of this
agreement, or application thereof to any person or
circumstance, shall to any extent be deemed to be invalid,
void, or otherwise unenforceable for any reason, the remainder
of this agreement, and the application of such provision to
persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby, and each
provision of this agreement shall be valid and shall remain in
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r
full force and effect .
15 . Governing Law
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 .
16 . Termination
The City may by written notice to the Consultant terminate the
whole or any part of this agreement if the Consultant fails to
make delivery of the services within the time specified herein
or any extension thereof : or if the Consultant fails to
perform any of the other provisions of the contract, or fails
to make progress so as to endanger performance of this
agreement in accordance with its terms, and in either of these
two circumstances does not cure such failure within ten (10)
days (or such longer period as the City may authorize in
writing) after receipt of notice from the City specifying such
failure . Notwithstanding any other provision hereof, the City
may also 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
payment and reimbursement shall not exceed the total amount
set forth under Paragraph 3 above .
17 . Additional Provisions
This agreement includes those additional provisions contained
in Exhibits 3 , 4 , and 5 relating to a tax/collusion/disbarment
affidavit, equal employment commitment guidelines and
affirmative action, and sexual harassment policy.
18 . News Releases
The Consultant may not issue any news releases without prior
approval from the City, nor will the Consultant make public
proposals developed under this agreement without prior written
approval from the City prior to said documentation becoming
matters of public record.
19 . Entire Agreement
This agreement contains the entire understanding and agreement
between the parties hereto with respect to the subject matter
hereof and supersedes all previous communications,
negotiations and agreements, whether oral or written, between
the parties hereto with respect to such subject matter, and no
additions to or modifications of this. agreement or waiver of
any provisions of this agreement shall be binding on either
party unless made in writing and executed by City.
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20 . Notices
Communication to the Consultant means notice in writing to
William R. Taylor, Senior Project Manager, Partick
Engineering, 4970 Varsity Drive, Lisle, IL 60532 .
Communications to the City means notice to the contracting
officer in writing to Raymond Moller, City of Elgin, 150
Dexter Court, Elgin, IL 60120 .
21 . No Personal Liability
No officer, director, or employee of the City or of the
Consultant shall be personally liable for the fulfillment of
the conditions of this agreement .
22 . Standards of Care
In providing services under this agreement, the Consultant
shall endeavor to perform in a manner consistent with the
degree of care and skill ordinarily exercised by members of
the same profession currently practicing under similar
circumstances . ,
23 . 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 fo
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.
24 . 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.
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25 . 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.
26 . 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 .
27 . 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 of in
a duly executed amendment hereof, or change order as herein
provided.
28 . Cooperation with Other Consultants
The Consultant shall cooperate with any other consultants in
the City' s employ or any work associated with the Project .
IN WITNESS WHEREOF, the parties hereto have entered into and
executed this agreement on the date and year first written above .
CITY OF ELGIN PATRICK ENGINEERING
By By
Olufemi arin �
Inter' C ager
Attest :
City Clerk
8
0501/02 FEED 09:46 FAX 630 434 8400 PATRICK ENGINEERING IM 002
Transportation
ENGINEERING INC. Ex k 1 b 1 fn Environmental
Environmental
January 4,2002 Planning -
Architecture
Design/Build
Mr.Raymond H.Moller Surveying
City of Elgin
150 Dexter Court
Elgin,Illinois 60120
Subject: Proposal to Provide Professional Surveying Services
Elgin Riverfront
Patrick Engineering Inc.is pleased to submit this proposal to provide professional surveying services to
the City of Elgin as part of the design development work for Segment II of the Elgin Riverfront.This
letter presents the scope of services that will be performed.
A. Survey Limits
The three parcels outlined on the enclosed map and the drawn in R.O.W.(to be abandoned)
B. Horizontal and vertical location
The horizontal and vertical location of site improvements and natural features will be identified
including:
1. land contours at l foot intervals,using a 25 to 50 foot grid for ground control
2. hardscape items including all curbs,paving,walkways,tracks,fencing,sea-walls,sheet piling,
rock revetments,signage and street furnishings
3. buildings that fall within the survey area including building comers,entryways and utility
boxes
4. securely attach a metal tree tag to all trees 6"caliper and over,include tree number and size on
survey(Hitchcock Design Group to identify tree species and assess tree condition.)
S. outline of shrub masses .
6. river edge,top and bottom of slope above the waterline,with any slope changes along the
way-
7. Wetland delineation line(s),as staked in the field by others
a. Utility location
The horizontal and vertical location including the size,type,structures,grates and inverts of above and
below ground utilities will be identified including but not limited to:
1. water 5 gas
2. sanitary sewer 6. telephone
3. storm sewer 7. cable television
4. electric 8. street lighting
The location of utilities will be determined through a cooperative effort of the utility companies,the
Engineering Department,the Department of Public Works and the survey team. It is anticipated that the
utility survey will consist of existing plan review and on-site verification.
4970 Varsity Drive • Lisle,IL 80532-4101
Tel:(630)795.7200 . Fax:(630)724-1881
PftW--V*dvw..
05107/02 TUE 13:09 FA%'630 434 $400 PATRICK ENGINEERING 9 002
b. Property Ownership
Existing property lines and boundary lines shall be identified including:
1 street rights-of-way
2. abutting property boundaries
The property boundary lines will be determined through a review of available data obtained from Sidwell
Maps and field evidence.
C.Products
Survey documents will be provided digitally in a format compatible with AutoCAD 2000,along with(3)
prints.
D.City Assistance
The surveyor shall meet with the City Engineering and Public Works Departments to obtain existing
survey,benchmarks utility and ownership information and to coordinate access to project areas prior to
beginning fieldwork.The City, if required,will prepare a letter to property owner requesting access to
their properties for the survey.
E.Schedule
The survey work shall begin February 18,2002 and complete by May 17,2002.
F.Fees
Based on the project information described herein,fees for surveying services,with the exception of tree
tagging,shall be a lump sum amount of$18,950.00.Tagging of trees shall be performed on a hourly
reimbursable basis of$150.00 per hour for a survey crew or$1,200.00 per day.Tagging is expected to
take 2 days at a cost of$2,400.00.The revised estimate to complete all survey work described under this
proposal is$21,350.00.
Thank you for this opportunity to provide professional services on this project.As always,should you
have any questions regarding this proposal,please do not hesitate to call me at(630)795-7366.
Sincerely,
PATRICK ENGINEERING INC.
talu,
William R.Taylor
Senior Project Manager
City of Elgin Agenda Item No,
LL �
February 22 , 2002
TO: Mayor and Members of the City Council RIVER ASA RESOURCE
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Festival Park/ Par Development Compensatory
Storage Analysis Contracts
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with proposals by Hitchcock Design Group and
Patrick Engineering for services related to the resolution of
compensatory storage issues for the Par Development site and
Festival Park.
BACKGROUND
On December 12 , 2001, the City Council heard a presentation from the
Hitchcock Design Group regarding the proposed development within
and in the vicinity of Festival Park. In order to accommodate the
residential development and certain improvements within the park,
compensatory storage issues must be resolved. The required
compensatory storage will be provided on a portion of Festival Park
and on city-owned property located on the west bank of the Fox
River north of the Fox River Water Reclamation District North
Plant .
To achieve the desired reallocation of the required compensatory
storage, additional planning, design and engineering services for
the off-site storage plans are required. The additional work tasks
consist of the following activities; typographic surveys, Phase I
environmental assessment, wetland delineation, hydraulic modeling,
vegetation assessment, recommended site improvements, cost
estimates, permits, construction documents and bid review.
F
Festival Park/Par Development Storage Contracts
February 22 , 2002
Page 2
Bids were obtained for survey work from three firms :
Typographic Survey Tree Survey
(Assumption of 2 days)
Landmark Engineering $22,700 $8,200
Patrick Engineering $18, 950 $1,200/ per day
Hampton, Lenzini & Ruznick $19,500 $ 800/ per day
The Hitchcock Design Group submitted a proposal for the following
services; coordination of survey, environmental and wetland
analysis, hydraulic modeling, vegetation assessment, recommendation
of site improvements, construction cost estimates . In addition to
the assistance with design and engineering services, Hitchcock will
be responsible for securing all necessary permits, the development
of construction documents and bid review and recommendations .
Hitchcock Design Group proposes to perform the tasks outlined in a
proposal dated February 4 , 2002 for $74 , 700 . Hitchcock Design
Group was the only firm contacted regarding this aspect of the
project based on their expertise and knowledge of the Festival Park
and residential development project .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
[ The Festival Park project has a total budget of $2, 470, 000 . To
date, $1, 598, 631 has been paid and encumbered, leaving a remaining
balance of $871, 369 . This request is for $74, 700 for Hitchcock
Design Group, $18, 950 for Patrick Engineering Typographic Survey,
and approximately $2 , 400 for tree surveying. The total amount
requested is $96, 050, and will be charged to account number 275-
0000-791 . 92-35, project number 039520 (Riverboat Fund,
Riverfront/Center City Improvements) .
EGAL IMPACT
A exception to the Procurement Ordinance is required for the award
to Hitchcock Design Group.
The Agreement will need to be drafted and reviewed by the Legal
Department .
Festival Park/Par Development Storage Contracts
February 22 , 2002
Page 3
ALTERNATIVES
1 . Approve the awards to Hitchcock Design Group and Patrick
Engineering and proceed with the Compensatory Storage work.
2 . Decline to award the proposed service contracts and do not
proceed with the development of the additional compensatory
storage .
RECOMMENDATION
It is recommended that the City Council award the proposals of the
Hitchcock Design Group in the amount of $74 , 700 , and Patrick
Engineering in the amount of $21, 350 .
Respectfully- submitted,
�* Olufemi bla in
( Int rim anager
RM/j s