08-38 Resolution No. 08-38
RESOLUTION
AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT
WITH CARROLL ENGINEERING AND ASSOCIATES, P.C.
FOR A STUDY OF COOPER AND PRESTON AVENUES DRAINAGE ISSUES
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 interest of
the city; and
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager,and Diane Robertson,
City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City
of Elgin with Carroll Engineering and Associates, P.C. for a study of Cooper and Preston Avenues
drainage issues, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 27, 2008
Adopted: February 27, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
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AGREEMENT
THIS AGREEMENT is made and entered into this a7 day of r:6va'r , 2008, by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
CARROLL ENGINEERING&ASSOCIATES, P.C., an Illinois professional corporation(hereinafter
referred to as"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in
connection with certain professional services in connection with a storm sewer hydraulic analysis and
sanitary sewer wet weather flow analysis for the Cooper-Preston to Bellevue area, including the
Bellevue(Cooper to Congdon) area(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 for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged 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:
1. 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. An outline of the services to be provided by ENGINEER is as follows:
(1) Perform as built survey of storm sewer in project study area.
(2) Perform hydraulic capacity analysis of the storm sewers that serve the Cooper
and Preston intersection.
(3) Perform sanitary sewer infiltration and inflow analysis and system capacity
analysis in the study area.
(4) Prepare a report to present the study findings and make recommendations for
relieving street flooding and sanitary sewer surcharging in the study area.
C. A detailed Scope of Services is attached hereto as Attachment "A".
2. PROGRESS REPORTS
A. A detailed project schedule for the Project is attached hereto and made a part hereof
as Attachment "B". Progress will be recorded as to the project schedule and
submitted monthly as a component of the Status Report described in Section 2(B)
below. ENGINEER'S adherence to the project schedule shall be of the essence ofthis
Agreement.
B. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule. A brief narrative will be provided identifying progress, findings and
outstanding issues.
3. 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.
4. PAYMENTS TO THE ENGINEER
A. The CITY shall pay the ENGINEER for services under this Agreement a lump sum of
Eighteen Thousand Seven Hundred Fifty and no/100 Dollars($18,750),regardless of
actual Costs incurred by the ENGINEER unless substantial modifications to the
project are authorized in writing by the CITY.
B. The CITY shall make periodic payments to the ENGINEER on a monthly basis for
work performed based on actual hours of work within thirty (30) days of CITY'S
receipt and approval of invoices.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (2C 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.
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 ENGINEER. In the event that this
Agreement is so terminated, the ENGINEER shall be paid for services actually performed;
provided, however, in no event shall CITY be liable to ENGINEER for any payment in excess
of the sum provided for herein at Paragraph 4(A), and CITY shall not be liable to
ENGINEER for any additional damages or payments.
7. TERM
Unless terminated for cause or pursuant to Article 5 herein, the term of this Agreement shall
be the date that CITY determines that all of ENGINEER'S work pursuant to 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 the Agreement.
8. 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
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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.
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.
10. INDEMNIFICATION
To the fullest extent permitted by law,ENGINEER 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 ENGINEER in connection herewith, including
negligence or omissions of employees or agents of the ENGINEER 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 and/or termination of
this Agreement.
11. 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.
12. 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 Certification 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 10 entitled "Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect 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,
alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to
be primary with respect to the CITY.
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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.
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 Engineers 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.
13. 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.
14. 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.
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.
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 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. Any proposed subcontractor shall require the
CITY's advanced written approval.
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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 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.
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 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.
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
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.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER 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 ENGINEER shall have written sexual harassment policies
that include, at a minimum, the following information:
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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 ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
26. 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.
27. 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:
JOHN LOETE, P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
DANA CARROLL, President
Carroll Engineering& Associates, P.C.
111 W. Hurlbut Avenue
Belvidere, IL 61008
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this CONTRACT it is expressly agreed and
understood that in connection with the performance of this Agreement that the ENGINEER
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. ENGINEER 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.
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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: FOR T I GINEER:
41bBy � , By 4 � •
City anag. rev
V
Attest:
City Clerk
F:\Legal Dept\Agreement\Engineering Agreement-Carroll Engineering.doc
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ATTACHMENT"A"
PROJECT APPROACH
We understand this project is required to develop solutions to street flooding and sanitary
sewer surcharging in the vicinity of the Cooper and Preston intersection and sanitary
sewer surcharging in Bellevue Ave. Based on existing mapping it appears that the
drainage area, and study area for the street flooding problem is generally bounded by
Dundee Av. on the west, Polly Ct. on the east, Chester Av. on the south and Hartwell Av.
on the north. The study area for sanitary sewer surcharging is the above plus Bellevue in
the area of Cooper to Congdon.
City Staff have conducted extensive field investigations of this recurring problem. The
investigations to date have found that the intersection experiences street flooding in most
heavy rainfall events, and although the flooding is severe(over 12" deep)it appears to be
of short duration. This may indicate hydraulic deficiencies in the existing storm sewer
which can be resolved by a thorough hydraulic analysis. Our approach to this problem
will be to update existing City sewer mapping with as built elevations and inventory of
existing facilities. The existing facilities will be evaluated using the latest industry
technology to determine if the system has capacity to transport the runoff being delivered
to the area. The analysis will consider alternatives such as redirection of runoff to
adjacent facilities.
The sanitary sewer system in the study area also experiences severe surcharging, to the
extent that the manholes may surcharge full and create basement backups. Comments by
City staff indicate that this surcharging may not be totally coincidental with the street
flooding and there may be other factors involved. Our approach will be to review all the
data collected by the City staff and previous sanitary sewer inspection records. We
understand that all the structures in this basin have been inspected previously. We will
also perform a capacity analysis to determine if the system has capacity for the buildings
served, including a grade check of the existing sewer. City staff has done internal
televising of the sanitary sewer and has not found significant problems with blockages or
line sags. This may indicate a capacity problem or excess infiltration or inflow problem
not previously found.
All our findings in this study area will be summarized in a written report and
recommendations will be made for resolution of the problem. The report will be
submitted to and discussed with staff to develop a consensus opinion of the proper
approach to relieving the system flooding described.
SCOPE OF SERVICES
1. Perform as built survey of storm sewer in project study area. As built survey will
obtain elevation (USGS datum) on all mainline manhole rims and inverts, inlet& catch
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basin rims and inverts, and pipe sizes. As built data will be input into the City's ESRI
mapping system and used for hydraulic analysis.
a. This task includes the Lord's Park Manor Detention Basin.
2. Perform hydraulic capacity analysis of the storm sewers that serve the Cooper and
Preston intersection. This analysis will use SWMM hydraulic analysis software and
TR55 or Rational method hydrology procedures as appropriate. Based on the hydraulic
analysis evaluate solutions for normal rainfall (10 Year Event) and high rainfall (100
Year event) conditions to relieve and/or prevent street flooding in Cooper Av.
a. The hydraulic capacity analysis and intersection flooding relieve plan will
consider sewer upsizing and redirecting some portion of the runoff from the study
area to the Lord's Park Manor Detention Pond.
3. Perform sanitary sewer infiltration and inflow analysis, and system capacity analysis in
the study area. This task includes review of smoke testing, dye water testing and video
tape data collected by the City, and evaluation of system configuration information
available in City records. CEA will field confirm system configuration data. Based on
the information available evaluate system capacity and surcharge relieve solutions. The
evaluation may include addition testing or investigations to be performed by City staff.
4. Prepare a report to present the study findings and make recommendations for relieving
street flooding and sanitary sewer surcharging in the study area. The report shall include
cost estimates of proposed improvements. Submit the report to Staff for review and
comments. Respond to Staff comments and prepare a final report.
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COOPER/PRESTON&BELLVUE/COOPER FLOODING STUDY
January 2008 February2008 March 2008 Aril 2008
ID Task Name 1/6 1/13 1/20 1/27 2/3 2/10 12/17 2/24 3/2 3/9 3/16 3/23 3/30 4/6 4/13 4/20 4/27 5/4
1 Notice to Proceed
2 As Built Survey
3 Cooper/Preston Storm Sewer Analysis seam
4 Cooper/Preston San.Sewer Analysis
5 Bellvue/Cooper San.Sewer Analysis f• l„; t
6 Meet w/City
7 Prepare Cost Est.&Prel.Report ry
8 City Review Report
9 Incorp City Comments&Submit Final Report `#3 %`N'»
Project:
1 Task Progress Milestone
Date: 12/17/07
Page 1 Attachment B