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HomeMy WebLinkAbout98-5 Resolution No. 98-5 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH D. CARROLL ENGINEERING & ASSOCIATES 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 D. Carroll Engineering & Associates for the 1997 combined sewer overflow mapping, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: January 14 , 1998 Adopted: January 14, 1998 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk � s AGREEMENT THIS AGREEMENT, made and entered into this /,9 day of /.• , 199?, by and between the CITY OF ELGIN, an I"linois - unicipal corporation (hereinafter referred to as "CITY" ) land D. Carroll Engineering & Associates (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 1997 Combined Sewer Overflow NPDES Permit Compliance Project Extension (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 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. (this section should be an outline of the services to be provided by the Engineer) . a. Sewer System Mapping b. IMS Database Development c. Map and Database Linkage C. A detailed Scope of Services is attached hereto as Attachment A. D. A list of subconsultants is attached as Attachment C. II . PROGRESS REPORTS A. An outline project milestone schedule is provided herein under: -2- B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. C. 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 . 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 (Not To Exceed Method) A. For services provided the ENGINEER shall be reimbursed at the rate of 2.3 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $85,760.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 7% C. ( list other components of the fee such as reimbursables . ) Software Expenses $ 9,525.00 Mileage Expenses $300.00 Printing Expense $200.00 D. 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 - 3 - shall not be made until the task is completed and accepted by the DIRECTOR. PAYMENT SCHEDULE a. Sewer System Mapping $19, 860. 00 b. IMS Database Development $43, 440 . 00 c. Map and Database Linkage $22, 460 . 00 Total Fee $85, 760. 00 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 unders 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 -4- 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. 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. 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, -5- 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. 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. -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. 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 . XXII . NEWS RELEASES The ENGINEER may not issue any news releases without -8- 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 . 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 -9- 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: Dana Carroll , P.E. D. Carroll •Engineering & Associates • 1550 Pearl St. Belvidere, IL 61008 -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 rU S I By . City Clerk ty Manager (SEAL) • For the ENGINEER: Dated this 3day of .e,C ps,All e.e-• , A.D. , 1997 . D. Carroll Engineering & Associates By & Owner d/ Attachment A City of Elgin 1997 Combined Sewer Overflow, NPDES, Permit Compliance Project Extension Scope of Services 1. Sewer System Map a. Complete sewer system map development by adding all City of Elgin and Fox River Water Reclamation District owned sanitary sewer manholes and mains within the City limits and not currently shown. This shall include any new subdivisions constructed and accepted by the City as of November 1997. The data required in the map is as follows: Roads Street Names Manholes& Manhole Numbers Sewer Mains Sewer Basin Limits Pipe Sizes This information will be added generally in accordance with the existing maps graphics standards, except as discussed below. Record information will be used to the extent it is available, if record information is not available site investigation will be performed to obtain the above data. We understand that approximately 25% of the City's manholes have not been mapped and approximately 1000 manholes have no identification number. b. Peform map clean up to correct street name and sewer data conflicts, and text overlaps. c. Prepare a written graphics standards report that establishes the standards to be used to map elements. This report should address element creation procedures, layering of elements, pen weights, line styles, etc. d. Participate in 2 quality control reviews of the map product with the City. Make any corrections or additions noted by the City within the above described data profile. e. Deliver the final map product the City in Intergraph Microstation format and load the map on the City's computer. 2. IMS Data Base a. Complete IMS data base development for all manholes and sewer mains shown in the map. The data required for each item is as follows: Manhole Number Sewer Main Upstream& Downstream Manhole Numbers Street Name where item is located Street Address nearest each manhole From-To Cross Street Names for mains Pipe Size on mains Record information will be used to the extent it is available, if record information is not available site investigation will be performed to obtain the above data. b. Provide database development to include the following data if available from existing records: Pipe and manhole materials of construction Construction date Sewer depth Jurisdictional Data Previous maintenance events, date and work performed c. Purchase and arrange for installation and training of the Version 7 Upgrade to the Hansen IMS. Training includes 4 days on site for a qualified trainer and up to 4 staff from the City. The upgrade includes one year of maintenance contract. Future years to be paid by the City. d. Participate in 2 quality control reviews of the database product with the City. Make any corrections or additions noted by the City within the above described data profile. e. Deliver the final database product the Hansen Information Technologies format and load the database on the City's computer. 3. Map and Database Linkage a. Complete Sewer System Map and Database electronic link development for all manholes and sewer mains, such that the database history file can be viewed while in the mapping program. ATTACHMENT B December January February March April ID Task Name 11/30 12/7 12/14 12/21 12/28 1/4 1/11 1/18 1/25 2/1 2/8 2/15 2/22 3/1 3/8 3/15 3/22 3/29 4/5 4/12 4/19 1 SEWER SYSTEM MAP 2 Notice to Proceed ♦ 12/18 3 Records Research 4 Map Development 5 Installation at City 6 7 IMS DATABASE 8 Records Research 9 Database Development 10 Map and Database LINKAGE 11 Installation at City 12 Software Upgrade&Training Project: 1997 CSO NPDES Permit Compliance Task Milestone • Project Extension Date:12/5/97 Page 1 ATTACHMENT B June July Au Se temb ID Task Name 4/26 5/3 5/10Ma 15/17 5/24 5/31 6/7 6/14 6/21 6/28 7/5 7/12 7/19 7/26 8/2 8/9 18/16ust 8/23 8/30_ 9/6 19/13 1 SEWER SYSTEM MAP 2 Notice to Proceed 3 Records Research 4 Map Development 5 Installation at City 6 7 IMS DATABASE 8 Records Research 9 Database Development 10 Map and Database LINKAGE ,f 11 Installation at City x` :c; 12 Software Upgrade&Training Project: 1997 CSO NPDES Permit Compliance Task Milestone Project Extension Date:12/5/97 Page 2 Attachment C City of Elgin 1997 Combined Sewer Overflow, NPDES, Permit Compliance Project Carroll Engineering & Associates proposes to use the following subconsultants on this project. Since multiple subconsultants are capable of performing project work, we may substitute other firms in the event that we can obtain more timely performance or lower costs. Any substitutions will be approved by the Director prior to award of subcontracts. Subconsultants: IMS Database Development & Map Linkage - Management Concepts, Inc. Hansen IMS Database & Training - Hansen Information Technologies • _ ti Agenda Item No. City of Elgin 4t �ATED4E'• December 5, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Engineering Services Agreement 1997 Combined Sewer Overflow (CSO) Mapping PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of an extension of an agreement with D. Carroll Engineering & Associates for the continued development of the Infrastructure Management System (IMS) and completion of the combined and sanitary sewer mapping. BACKGROUND In May, 1997, the City Council approved an Engineering Servic- es Agreement for 1997 Combined Sewer Overflow (CSO) Monitoring with D. Carroll Engineering & Associates (Attachment A) . This agreement addressed ongoing CSO permit compliance and evalua- tion of sewer backup problems around the City. Field work is approximately 80% complete. A preliminary report is expected in January, 1998 . Staff prepared a request for proposal to complete the sewer system mapping. The completion of the mapping will provide tools for maintenance planning and tracking, permit compliance documentation, flow and system modeling. The Combined/Sanitary Sewer Map, including Roads, Street Names, Manholes and Manhole Numbers, Sewer Mains, Sewer Basin Limits, Pipe Sizes, has been developed for the area currently served by combined sewers . This project will provide for completing the computerized mapping and database for the City' s sanitary sewer system. When complete, the system mapping can be used to track mainte- nance and to enable flow modeling for capacity verification of the sewer. Additional data collection is required and budget- ed in the Five-Year Financial Plan to complete conditional ep.„ assessment of each manhole over the five-year period. A \ . Engineering Services Agreement/CSO Projects December 5, 1997 Page 2 el".. Proposals to complete the mapping task were received on November 19, 1997 from four firms: - Crawford, Murphy and Tilly (CMT) p kE - Baxter & Woodman (B&W) ft- D. Carroll Engineering & Associates - Rust Environment & Infrastructure A staff selection committee evaluation of the four proposals 1 was conducted, which resulted in D. Carroll Engineering & Associates being the top-rated firm. A copy of the memoran- a dum sent to the staff selection committee, the results of the selection process, as well as a comparison of the consultant ' s a' proposed scope of work and this proposed agreement is shown as f Attachment B. �f Upon selection, D. Carroll Engineering & Associates met with /' staff to finalize the project scope and negotiate their fee. M The final negotiated fee is $85, 760 . This fee is higher than t the posted fee in Attachment B in order to include a linking of the maps with the system database, providing for flexibili- ty of the systems, allowing for ease of access to maintenance control information and reduced levels of effort for data entry. This enhancement has been discussed with MIS staff and elim. they have indicated agreement that this is an important enhancement to the scope of project. A copy of the proposed agreement is shown as Attachment C. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Fox River Water Reclamation District . 7„JINANCIAL IMPACT The project was included as part of the Sewer portion of the 1997 General Obligation Bond sale on May 14, 1997 . The amount of $290, 000 was originally budgeted for this project (account number 397-4200-795 . 93-41, project number 339545) , with $115, 170 spent/encumbered for the CSO Monitoring Project to date. Sufficient funds are available to approve this contract extension. LEGAL IMPACT None. ALTERNATIVES elm None . Engineering Services Agreement/CSO Projects December 5, 1997 Page 3 RECOMMENDATION it is recommended that the City Council approve the subject agreement with D. Carroll Engineering & Associates in the not-to-exceed amount of $85,760 . 00 and authorize staff to execute the necessary documents . Respectfully submitted, David L. Lawry, P. E. Director of Public Works Robert O. Malm Interim City Manager amp