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HomeMy WebLinkAbout05-227 Resolution No.05-227 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH CIVIL ENGINEERING SERVICES, INC. FOR THE LONGFORD/BORDEN NEIGHBORHOOD RESURFACING AND PRAIRIE STREET SEWER SEPARATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an Engineering Services Agreement with Civil Engineering Services, Inc. on behalf of the City of Elgin for the Longford/Borden Neighborhood Resurfacing Project and the Prairie Street Sewer Separation Project,a copy of which is attached hereto and made a part hereofby reference. s/Ed Schock Ed Schock,Mayor Presented: July 27, 2005 Adopted: July 27, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is hereby made and entered into this,/ day of Zc uL y , 2005, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as "CITY") and_CIVIL ENGINEERING SERVICES, INC., an Illinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with LONGFORD/BORDEN NEIGHBORHOOD STREETS REHABILITATION PROJECT & PRAIRIE STREET STORM SEWER SEPARATION PROJECT (hereinafter referred to as the "PROJECT"); and WHEREAS, the ENGINEER represents that it 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 promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the CITY and ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent CITY in the engineering matters involved in the Project as set forth herein, subject to the following terms, conditions and stipulations: 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. Services to be provided by the Engineer are as follows: 1. Project Administration 2. Construction Layout 3. Construction observation 4. Documentation C. A detailed Scope of Services is attached as Exhibit A. - 2 - II. PROGRESS REPORTS A. Engineer shall comply with the following project milestone schedule and all other schedules provided for herein. 1. August 1, 2005 —Begin construction—begin construction observation 2. September 9, 2005 —Complete construction— Sewer Separation Project 3. September 23, 2005 —Complete punch list items—complete construction observation - Sewer Separation Project 4. September 30, 2005 —Complete construction— Street Rehabilitation Project 5. October 14, 2005 —Complete punch list items—complete construction observation — Street Rehabilitation Project B. A detailed project schedule for the Project is included as Exhibit 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 to the ENGINEER. IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the rate of 2.90 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $95,000.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY. - 3 - B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus_5.0% . Any such invoiced fees to ENGINEER shall be included with and construed as part of the above- referenced amount of $95,000.00 C. Following are direct costs (reimbursables) included in the above-referenced amount of $95,000.00 : Mileage ($0.405/mile) $2,060.00 D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. 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 under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, provided, however, that such payment 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 notice to proceed and, unless terminated for cause or pursuant to Article VI or IX, this agreement shall terminate on the date CITY determines that all of ENGINEER's work pursuant to this agreement shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is finally completed and has - 4 - been accepted by CITY. A determination of completion shall not constitute a waiver of any rights or claims which CITY may have or thereafter acquire with respect to any term or provision of the agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION 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 such 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. 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. - 5 - 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 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 DIRECTOR. Such Certificate of Insurance shall include, but not be limited to, coverage for the obligations assumed by ENGINEER pursuant to Article X herein entitled "Indemnification". Such above-referenced 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. 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. 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. - 6 - XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. 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, except to such extent as may be specifically provided for herein. - 7 - 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. 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. XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employment or any work associated with the PROJECT. - 8 - XXIV. 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. 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. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. - 9 - 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: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: WILLIAM S. SCHMANSKI, P.E. President Civil Engineering Services, Inc. 700 E. Diehl Road, Suite 180 Naperville, IL 60563 - 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 � ByM_ , ity Clerk Ci Mana!,, (SEAL) For the ENGINEER: Dated this 2 1 day of JUN , A.D., 2005 ATTEST: B ` { 4cre47" President (SEAL) EXHIBIT A-SCOPE OF SERVICES Civil Engineering Services scope of construction engineering services include but are not limited to the following activities. These activities can be adjusted at the discretion of the City to address specific project requirements or budget constraints. Project Administration work, the pay item quantities and units, • Attend preconstruction meeting evidence of material inspection,and whether or • Conduct weekly progress meetings with not the quantity was posted in the quantity Contractor and City book • Establish and maintain project records in • Post contract items completed, in a quantity accordance with IDOT as detailed below book(IDOT forms BC 623, BC 624 and BC 625) showing the date the work was done,the Construction Layout approximate location, the quantities done that • Provide construction layout for limits of day,the total quantities to date,the evidence of grinding and curb and gutter, sidewalks and material inspection for that item,the source of driveways to be removed and replaced the progress documentation, the source of • Provide survey control points/bench marks for documentation for the final quantity and construction layout to be provided by the authorizations increasing and/or decreasing Contractor on the sewer separation project contract quantities • Document project progress with weekly report Construction Observation of resident (IDOT form BC 235) showing the • Provide full-time on-site monitoring of the hours worked, the controlling item, and a Contractor's activities for compliance with the summary of the Contractor's and plans and specifications Subcontractor's operations • Notify City and Contractor of work or • Assist Contractor in producing and updating materials not in compliance with the plans and monthly project schedule(IDOT form BC 255) specifications listing work items, quantities and units, daily • Check traffic control daily for compliance with production rates,and working days required for IDOT highway standards the project • Conduct final inspection of project with City • Prepare partial payment estimates(IDOT form and produce punchlist BLR 6302) • Prepare change orders(IDOT form BLR 6301) Documentation • Prepare final payment estimate(IDOT form • Maintain a daily diary recording weather BLR 6303) conditions, work done by Contractor's forces, • Maintain a set of record drawings on which number of persons working, hours worked, all project changes are noted traffic control inspections,important orders or discussions with the Contractor, official Material Inspection visitors and inspections, work or materials • Coordinate geotechnical subconsultant rejected and reasons, account of time spent by involved in testing of PCC and bituminous Contractor's workers or equipment on disputed items items of work, length and cause of any delay, • Verify material compliance of other items arrival and departure of major equipment, through the use of IDOT form LA-15 record of important faxes or phone calls, (Supplier's Certification Of Shipment Of unusual conditions, if any, such as accidents, Approved Materials)or other approved stamps injuries, etc., and approval of extra work and tags • Provide daily account of contractor's work • Perform assignment of materials utilizing (quantities completed each day)with inspectors Resident Engineer Visual form for assignment daily report / IDR (IDOT form BC 628) of small amounts of materials lacking IDOT showing the date the work was done, which inspection contractor or subcontractor performed the work, the weather conditions, the pay item numbers and descriptions, the location of the EXHIBIT B- PROJECT SCHEDULE Longford/Borden Neighborhood Streets Rehabilitation Project Observe sidewalk/curb & gutter August 1, 2005 removal & replacement Observe grinding August 30, 2004 Observe structure adjustments September 6, 2004 Observe paving September 13, 2004 Observe punchlist September 30, 2004 Complete construction observation October 14, 2005 Prairie Street Storm Sewer Separation Project Observe storm sewer installation August 1, 2005 Observe Restoration August 29, 2005 Observe Punchlist September 9, 2005 Complete construction observation September 23, 2005 P OFEz.C� Agenda Item No. City of Elgin rEOF� 114 L G July 8,2005 .414 11 1 T1 , r TO: Mayor and Members of the City Council FINANCIALLY STABLE CRY GOVERNMENT EF FK IENT SERVKES, AND QUA LIT Y INFRASTFNCTURE FROM: Olufemi Folarin, City Manager John Loete,Public Works Direc r SUBJECT: Engineering Services Agreement with Civil Engineering Services, Inc. for Construction Observation of the Longford/Borden Neighborhood Resurfacing Project and the Prairie Street Sewer Separation Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with Civil Engineering Services, Inc. (CES) for rbk construction engineering services for the Longford/Borden Neighborhood Resurfacing Project and the Prairie Street Sewer Separation Project. RECOMMENDATION, It is recommended that City Council authorize the City Manager to execute the agreement with CES in the not-to-exceed amount of$95,000. BACKGROUND At their meeting on February 23, 2005 the City Council awarded the bid for the Longford/Borden Resurfacing Project to Arrow Road Construction for a cost of $539,455.30. The bid for the Prairie St. Sewer Separation Project is included on this council agenda under separate cover. The recommended bid award is to J & T Services, Inc. at a cost of$399,999.99. Construction is scheduled to begin on August 1, 2005 for both projects. The bid documents for both projects were prepared in-house by Engineering Division staff. Normally, projects prepared in-house have inspection performed by City Staff. Because of the retirement at the end of last year of three of four construction inspectors assigned to Capital Improvement projects and the current project work load, in-house inspectors are not available. It is therefore being recommended that a consultant be hired to provide the necessary inspection. rRequest for proposals for the construction inspection were solicited from three firms, CES, Bollinger, Lock & Assoc. and Baxter and Woodman on June 6, 2005. Staff evaluation of the S rft. Engineering Services Agreement with CES July 8, 2005 Page 2 three proposals resulted in CES being selected as having the most qualified personnel assigned to the projects. Upon selection, CES met with staff to finalize the project scope and negotiate a fee. The final negotiated fee is not to exceed $95,000. A copy of the proposed engineering services agreement is attached as Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 9,FINANCIAL IMPACT The agreement with CES will cost $95,000.00. The Prairie St. sewer portion of the contract will total $43,000. Funding ($208,000 budgeted and available) is located in the Sewer portion of the 1996 GO Bond Fund, account number 396-4200-795.92-41, "Distribution System Upgrades", project number 339691, "Combined Sewer Separation, 2005". The Longford/Borden Resurfacing portion of the agreement will total $52,000.00. Funding is included in the 2005 Riverboat Fund in the amount of$2,178,840 in account number 275-0000- 791.93-80, "Major Repairs-Public Ways" for three 2005 Neighborhood Street Repair Projects. To date a total of$1,583,106.49 has been committed for the three projects leaving a balance of $595,733.51 to fund this portion of the agreement. The $52,000.00 expense will be charged to the above account number under project number 39907B, "Longford/Borden Project". volf/ LEGAL IMPACT None ALTERNATIVES 1. Approve the Engineering Services Agreement with CES. 2. Do not approve the Agreement with CES. Respectfully submitted for Council consideration. (do) Attachment