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HomeMy WebLinkAbout04-180 Resolution No. 04-180 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PROFESSIONAL SERVICES INDUSTRIES, INC. FOR INTERCEPTOR SEWER CONSTRUCTION INSPECTION SERVICES IN THE FAR WEST AREA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,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 Professional Services Industries Inc. for interceptor sewer construction inspection services in the far west area, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 14, 2004 Adopted: July 14, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk R ' AGREEMENT THIS AGREEMENT,made and entered into this this2Oteay of 2004,by and between the CITY OF ELGIN, an Illinois municipal corporation er *nafter referred to as "CITY") and Professional Services Industries, Inc (hereinafter referr d to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Interceptor Sewer Construction Inspection(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, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the ENGINEER agree that the City does hereby retain the ENGINEER to act for and represent the City in the engineering matters involved in the Project as set forth herein subject to the following terms conditions and stipulations, to wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City Engineer of the CITY. B. The Engineer shall provide all necessary services to provide construction observation for the construction of interceptor sewer plans as approved by the Fox River Water Reclamation District and the City of Elgin. C. A detailed Scope of Services is attached hereto as Exhibit A. - 2 - 2. PROGRESS REPORTS A. For CONSTRUCTION INSPECTION, The ENGINEER shall submit to the City Engineer weekly inspection reports and monthly a Status Reports keyed to the developers Schedule included in the approved plans. 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited too, 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 CITY ENGINEER 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. For services provided the ENGINEER shall be reimbursed based on the actual units of work provided and the attached Schedule of Fees (Exhibit B). B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus . C. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the ADMINISTRATOR. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above), if applicable, will be included with all payment requests. - 3 - 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 and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. '7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article V, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed but no later than December 31, 2007. 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 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. - 4 - 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, attorney's 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 written in occurrence form 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 • - 5 - DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X 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 prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form 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. 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, • - 6 - 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. 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, - 7 - 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 CITY ENGINEER,nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the CITY ENGINEER 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: - 8 - 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 must be provided 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 CITY ENGINEER and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The CITY ENGINEER 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: Joseph Evers, P.E. City Engineer City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: - 9 - IN WITLESS 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 agteem.ents that have not been reduced towriting in thi; statement. Por the CITY: : Ah-rl✓ST: - THE CITY OF ELGIN • City Clerk, City Manager (SEAL) • • • For the tNGXNE+Eft:; Dated this . / d`ay.of J ... ,A.D.: 2004. ATTEST: )jY • a BY I//Air r& .Seere" T"‘Ei . 1 iXPltuilve (SEATO FEB 2'0.04 Interceptor San Agrnt • vi/Zi 39dd 1I NI913 ISd SZTL-TE6-Lbe SPOT VOM/ST/90 EXHIBIT A SCOPE OF WORK CONSTRUCTION INSPECTION AND DOCUMENTATION 1. ENGINEER shall provide a project representative, assistants, and other field staff to assist the CITY in observing the progress of and performance by developers and their contractors, agents, etc. at specific project sites as more fully described below: a. Observe as an experienced and qualified design professional the progress and quality of the executed work and to determine if the work is proceeding in accordance with the approved and permitted plans. ENGINEER shall make continuous on-site inspections to check the quality or quantity of work; he shall not be responsible for the means,methods, techniques, sequences or procedures of construction selected by developers or their contractor(s) or agents or the safety precautions and programs incident to their work. EENGINEER shall specifically not have the authority or responsibility to issue construction stop work orders nor shall ENGINEER have responsibility charge of the construction site or contractor operations. His efforts will be directed toward informing the CITY of compliance or non-compliance of the project with the approved plan docurnents, and he shall not be responsible for the failure of developers or their contractor(s) or agents to perform the construction work in accordance with the approved and permitted plans, City ordinances and all Fox River Water Reclamation District's (FRWRD) ordinances and regulations. The ENGINEER shall keep the CITY AND FRWRD informed of the progress of the work, shall endeavor to guard the CITY against defects and deficiencies in the work of developers or their contractor(s) and may recommend that the CITY reject the work as failing to conform to the approved and permitted plans. b. Attend meetings with developers, their respective contractor(s) and agents, such as preco istruction conferences,progress meetings,job conferences and other project related meetings, and prepare and circulate copies of minutes thereof. c. Serve as liaison between CITY and developers in conveying information and project status reports and in obtaining from developers, their contractors and agents, additional details or information required to evaluate the project. d. Within 5 working days, report to the CITY the discovery of an unsatisfactory, faulty or defective work which ENGINEER believes would not conform to the approved and permitted plans or work that has been damaged or does not meet the requirements of any inspection, test or approval required to be made, and advise the CITY of any work that ENGINEER believes should be corrected or rejected or should be uncovered for observation or requires special testing inspection or approval. e. Consider and assist the CITY in evaluating suggestions or requests made by developers and their consultants for modifications in approved and permitted plans and transmit to developer decisions as issued by the CITY. f. Furnish weekly and periodic reports on the progress of the work and of developers compliance with the approved and permitted plans and progress schedules, consult with 1 the CITY and advise when major tests are scheduled, and assist the CITY in conducting final inspections at completion of the project improvements. g. Based on the on-site observations and evaluation of the progress of the work as an experienced and qualified design professional, review applications for partial and complete release of financial surety posted by developers and make recommendations to the CITY. Such recommendations will constitute a representation to the CITY,based on such observations and review,that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the approved and permitted plans (subject to an evaluation of the work as a functioning project) upon substantial completion, to the results of any subsequent tests called for in the approved and permitted plans, and to any qualification for payment. The ENGINEER will not be deemed to have represented that he has made any examination to determine how or for what purposes any developer or their contractor(s) or agents have utilized moneys paid on account, or that title to any of the contractor(s) work, materials or equipment has passed to the CITY free and clear of any lien, claims, security interests or encumbrances. h. In conducting job site observations and providing construction review services, the ENGINEER shall be bound by certain limitations in the scope and extent of services as described below: i. ENGINEER shall not authorize any deviations from the approved and permitted plans or substitution of materials or equipment without the approval of the CITY following receipt and review of a properly documented request by developer accompanied by a concurrence and/or amended plan document from developer's professional engineering consultant. • ii. ENGINEER shall not undertake any of the responsibilities of developer and/or developer's contractors or agents. iii. ENGINEER shall not advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction by contractors engaged by developer. ENGINEER shall instead notify the CITY, within 5 working days, and relay instructions from CITY to developer. iv. ENGINEER shall not advise on, issue directions regarding, or assume control over safety precautions, traffic controls or safety programs in connection with the work. 2. Following substantial completion of improvements and at the request of the CITY, review record drawings submitted on behalf of developers, issue an opinion as to content and completeness, and evaluate the Record drawings to determine whether or not they demonstrate the project was constructed in substantial accordance with the approved and permitted plans and design intent and/or prepare a list of observed or apparent deficiencies. On behalf of the CITY,relay such comments and lists of deficiencies to developer, conduct follow-up inspections with the CITY representatives to check remedial measures undertaken by developer, and issue a final project status report and recommendation for release of financial surety. 2 • EX k-4 City of Elgin March 4, 2004 Page4 i f flVe SCHEDULE OF SERVICES AND FEES Engineering Technician—for visual observation of large diameter sanitary sewer installation. Technician rate per hour .. $ 47.00 Technician rate overtime per hour $ 65.80 Professional Engineer—for engineering services and consultation. Professional Engineer rate per hour $ 95.00 Project Manager—for report review, project coordination and consultation. Project Manager rate per hour $ 78.00 Travel Cost Vehicle Charge rate per day $ 22.00 Remarks - All field testing services will be billed portal to portal to and from our facility with a minimum charge of four(4)hours per trip. - Overtime rates will apply for services performed between the hours of 6:00 pm and 6:00 am on regular work days, on Saturdays,Sundays and holidays,and in excess of eight(8)hours per regular work day. - Unit prices are in effect for twelve(12)months from the date of this proposal and are subject to change without notice thereafter. - A project manager charge to schedule and supervise personnel and evaluate and review reports will be billed at a minimum of 0.4 hours per report issued. Concrete compression testing will be charged 0.2 hours of review time for a set of cylinders. - Access to the work must be provided to PSI by the Contractor(i.e.man lifts,scaffolding,etc.)unless noted herein. - ,Sr,HFni lI INCA: Scheduling or cancellation of service should be made the last working day prior to the date service is. required. After that time,PSI will make every effort to schedule or cancel,but no assurances can be made.