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HomeMy WebLinkAbout07-250 Resolution No. 07-250 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. (St. Charles Street Water Main Replacement) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,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 Engineering Enterprises,Inc.for design engineering services for the St. Charles Street Water Main Replacement,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT is hereby made and entered into this`14 day of.401, 2007, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as "CITY") and Engineering Enterprises, 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 the St. Charles Street Watermain Replacement (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. The ENGINEER shall furnish professional design engineering services as follows: I. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. A total of four (4) meetings are anticipated. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents (City of Elgin Format), and prepare a final cost estimate based on final design. 3. The ENGINEER will coordinate the subsurface explorations without additional charge, but the costs incident to such work shall be paid for by the CITY as set out in Section IV hereof. 4. The ENGINEER will coordinate the wetland delineation and associated permitting without additional charge, but the costs incident to such work shall be paid for by the CITY as set out in Section IV hereof. 5. Prior to the advertisement for bids, the ENGINEER will provide, not to exceed four (4) copies of detailed drawings, specifications, and contract documents for use by the CITY. The ENGINEER will provide the necessary copies of the detailed drawings, specifications, and contract documents to the appropriate Federal, State, and local agencies from whom approval of the project must be obtained. It is anticipated that permits will be necessary from the IEPA, IDOT and the USACOE. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. Any fees associated with the permit applications shall be paid for by the CITY. 6. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award, the ENGINEER will furnish to the CITY three (3) sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. 7. The ENGINEER shall prepare and furnish to the CITY without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the CITY, unless the CITY requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section IV hereof 8. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding the contract for construction. II. PROGRESS REPORTS A. ENGINEER shall comply with the project milestone outline schedule which is included as Attachment A, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in B below. B. The ENGINEER will submit to the DIRECTOR a monthly 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, specifications, maps, contract documents, 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 an hourly rate for the classifications of employees who perform work on the project, with the total fee not to exceed $25,000 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are and amendments to the maximum payment provided for herein. The Standard Schedule of Charges is attached in Attachment B. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such invoiced fees to ENGINEER shall be included with and construed as part of the above-referenced amount of$25,000. The ENGINEER will be utilizing Terracon for the subsurface exploration, their proposal is attached in Attachment C. The ENGINEER will be utilizing Planning Resources, Inc. for the Wetland Permitting and Section 404 Permitting, their proposal is attached in Attachment D. C. All reimbursable expenses shall be itemized and reimbursed to ENGINEER; provided, however, that such reimbursable expenses shall constitute and be construed as inclusive with and a portion of the aforementioned $25,000 not-to-exceed amount. Reimbursable expenses shall be those expenses reasonably arising out of or in connection with ENGINEER'S work on the PROJECT which are not fees or costs otherwise provided for in this Agreement. Whether a reimbursable expense is deemed to reasonable arise from the PROJECT shall be subject to the approval of the DIRECTOR. 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 shall not be made until the task is completed and accepted by the DIRECTOR. Date Progress Estimated Billings November 1: 20% Complete Estimated Amount Billed: $5,000 December 1: 50% Complete Estimated Amount Billed: $7,500 January 1: 80% Complete Estimated Amount Billed: $7,500 February 1: 90% Complete Estimated Amount Billed: $2,500 March 1: 95% Complete Estimated Amount Billed: $1,250 April 1: 100% Complete Estimated Amount Billed: $1,250 V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIB 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 total fee maximum or 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, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed and accepted by CITY. 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. 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 any employees subcontractors, assignees or agents of the ENGINEER arising out of the performance of this Agreement. The ENGINEER further agrees to and shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the CITY, its officers. Employees, agents, boards, and commissions from any and all claims, suits, judgments, costs, attorney's fees, damages, liens or other relief in any way resulting from or arising out of any agreement, assignment, delegation or subcontract entered into between the ENGINEER and any third party, including but not limited to such third parties identified in Paragraph IV.B herein. 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. The provisions of this paragraph shall survive any termination or expiration of this agreement. 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 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. 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. 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 employ or any work associated with the PROJECT. 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. 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: Bradley P. Sanderson, P.E. Vice President Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 XXVIII. COMPLIANCE, Notwithstanding any other provision of this Agreement, 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 and performance of the work, and/or the products and/or services to be provided for in this Agreement. 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 B - \ By i+ .- City Clerk Cis Manager (SEAL) For the ENGINEER: Dated this 1st day of October, A.D., 2007 ATTEST: By J)-16-efL By Secretary Vice President (SEAL) PROJECT MILESTONE SCHEDULE AttachmentA ST. CHARLES STREET WATER MAIN REPLACEMENT City of Elgin Work Item SEPT' OCT OI_ NOV I DEC I JAN I FEB I MAR I2APR I MAY I JUNE' JULY PHASE 1 -FIELD RECONNAISSANCE AND PLANNING 1010 Prepare Project Management Plan 1020 Project Initiation(Kick-off)Meeting v 1030 Private and Public Utility Information Collection&Review(Design JULIE,City Atlas Maps) - ' 1040 Geotechnical Investigation(Coordination, Field Work, Review Report) _. 1050 Wetland Delineation(Coordination, Field Work, Review Report) _ , PHASE 2-FINAL DESIGN 2010 Topographic Survey 2020 Prepare Water Main Route Analysis(Final Engineering Plans&Specifications-50%) — _ — - 2030 Review Water Main Route Analysis w/City(Final Engineering Plans&Specifications-50%) 2040 Prepare Final Engineering Plans,Specifications, Cost Est.-90% - I 2050 Review Plans, Specification, Cost Est.w/City-90% 2060 Permitting(ACOE, IDOT, IEPA) _ 2070 Prepare Final Engineering Plans, Specifications, Cost Est.- 100% 2080 Review Plans, Specification,Cost Est.w/City- 100% _, 2090 Bidding, Letting &Contracting LEGEND WORK ITEM CITY REVIEW/AGENCY REVIEW PROJECT MEETING G:\Public\Elgin\2007\EG0705 St.Charles Street Water Main Replacement\Eng\Proposal Schedule PI er`t- 52 Wheeler Road •Sugar Grove,IL 60554 TEL:630/466.9350 FAX:630/466-9380 STANDARD SCHEDULE OF www.eehveb.com Engineering January 1, 2007 Enterprises, Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171.00 Principal E-3 $159.00 Senior Project Manager E-2 $147.00 Project Manager E-1 $135.00 Senior Project Engineer/Planner/Surveyor II P-6 $123.00 Senior Project Engineer/Planner/Surveyor I P-5 $114.00 Project Engineer/Planner/Surveyor P-4 $105.00 Senior Engineer/Planner/Surveyor P-3 $ 96.00 Engineer/Planner/Surveyor P-2 $ 87.00 Associate Engineer/Planner/Surveyor P-1 $ 78.00 Senior Project Technician II T-6 $114.00 Senior Project Technician I T-5 $105.00 Project Technician T-4 $ 96.00 Senior Technician T-3 $ 87.00 Technician T-2 $ 78.00 Associate Technician T-1 $ 69.00 Administrative Assistant A-3 $ 78.00 CREW RATES,VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $126.00 2 Man Field Crew with Standard Survey Equipment $195.00 1 Man Field Crew with RTS or GPS * $1 56.00 2 Man Field Crew with RTS or GPS * $225.00 Vehicle for Construction Observation $ 14.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black&White) • $1.00/Sq. Ft. (Color) "RTS=Robotic Total Station/GPS=Global Positioning System G:IEEhDocsTormslGenerarSSC-Std Schedule of ChegesISTADS01G7-Final.DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying • A --4-a. arei e,n-I- G September 12,2007 lierracon Consulting Engineers a Scientists 4838 Colt Road Engineering Enterprises, Inc. Roddord,Illinois 61109 44W110 US Hwy 20 Phone 815.873.0990 Fax 815.873.0991 Hampshire, IL 60140 wwuv.terracon.00m Attention: Ms.Morrison RE: Proposal for Subsurface Exploration Services Watermain Improvements Elgin,Illinois Terracon No.PD1907112 Ms. Morrison: Terracon, Inc. appreciates the opportunity to submit a proposal to perform a geotechnical subsurface exploration for the above referenced project. This proposal outlines our understanding of the scope of services to be performed by Terracon for this project and provides an estimate of the fee for our services. A. PROJECT DESCRIPTION We understand the proposed project will consist of Watermain Improvements along St Charles Street in Elgin, Illinois.Only soil identification and stratification is requested for this location. No engineering recommendations will be provided. The following information has been provided to our geotechnical engineering staff. 1. Project description 2. Conceptual Site Plan 3. Boring Locations If available,the following Information should be provided to our geotechnical engineering staff 1. Current site elevations B. SCOPE OF SERVICES The services to be provided by Terracon are stated in the following paragraphs. Field Program — In accordance with your request, a total of three (3) borings will be performed for this project. Two (2) borings will extend to a maximum depth of twenty (20)feet and one (1) boring to a depth of ten (10) feet. Borings will extend or auger refusal, whichever occurs first. If bedrock is encountered, it will not be cored. Boring program summary is attached. • Watermain Improvements Terracon Consultants,Inc. Elgin,Illinois Terracon Proposal No.PD1907112 September 12,2007 Groundwater levels will be monitored during and after borehole drilling operations. Sampling will be in accordance with our standard procedures wherein split-barrel samples (ASTM D-1586) are obtained at intervals of five feet. Once the samples have been collected and classified in the field,they will be placed in appropriate sample containers for transport to our laboratory. In the laboratory, soil samples will be visually classified in accordance with the Unified Soil Classification System(USCS). Computer generated boring logs with soil stratification based on visual soil classification will also be provided. No engineering interpretation or recommendations will be Included in this scope of services. Our fee is based on the site being accessible to all-terrain vehicle mounted driilina eauipment and the client providing layout of the borinas (elevations will be reference to the existing around surface); additional costs may result If this is not the case. It does not include services associated with site dearing, wet ground conditions,or location of underground utilities beyond contacting ra "one-call" locate service. if such conditions are known to exist on the site, Terracon should be notified so that we may adjust our scope of services and fee,if necessary. Traffic control for the boring within the St Charles Street right-of-way will be provided by Terracon. For safety purposes, all borings would be backfIlled immediately after their completion. Excess auger cuttings would be disposed of on the site. Because backfill material often settles below the surface after a period of time, we recommend the boreholes be checked periodically and backfilled If necessary. We could provide this service at your request or grout the holes but this would involve additional cost. Schedule- The boring log transmittal will be provided within 20 calendar days of written authorization to proceed. In situations where Information is needed prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements after we have completed our field and laboratory programs. C. COMPENSATION For the scope of subsurface exploration services outlined in this pr000sa1, a lump sum fee of $3,975.00 will be charged. Should subsurface conditions be encountered which would require revisions in the subsurface exploration program and/or result in higher costs, we will contact you prior to Initiating this work. Additional drilling footage will be billed at a rate of $15.00/foot. The rate includes drilling, sampling, general laboratory testing,and computer logs. • 2 Watermain Improvements Terracon Consultants,Inc. Elgin,Illinois Terracon Proposal No.PD1907112 September 12,2007 D. CLOSURE • This proposal may be accepted by executing the attached Agreement for Services and returning one copy along with this proposal to Terracon. This proposal Is valid only if authorized within sixty days from the listed proposal date. We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you. Sincerely, Terracon Consultants, Inc. Eric D.K z,P.E Principal!Office Manager Attachments: Agreement for Services 3 $ �'. 1 j■ _ ' / , G f ..! Y prry '��i'y S`I I1' 11 (S •r � kI•.1I 1 ,{ w'. �y 11'F i •..I i1 II '4',.,-...•.' . � .{ I fy 5', ,' ' . (/ t ;7„;'44,4:.,;+;',4..4' _ • ''- h. y 1 ' i •f .k �,, Sg f� 'i r•N "►4, ,t M :fr . r t rf' } V' ),. .7:;,..1..... �1',L, t s ut1 s yl a.. -a5.� '-'t • • ri• 1 '•f lik IM ` y •!I,1 t 11 I r ,I G I ' .z if V C 1.'' 1�-•:a�a y J t Z .'taj' ,•' t th .3Jy, r - i`PY .•..4? I ta ,...,,..• -:;‘.-,.. 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Jt+ �_F / /47,1 r /i _ i .; 1 i 1 ,• 1 c akr I • • lrerracon AGREEMENT FOR SERVICES This AGREEMENT is between Enalneetfne EnterorlsesJnc("Mere)and Terracon Consultants.Inc.(Consultenr)for Services to be provided by Consultant for Client on the Waterrna n improvements.Elain.Illnois project(Project),as described in the Project informalicn section of Consultant's Proposal dated Seotember 112.2007('Proposer)unless the Project is otherwise described ki Exhibit A to this Agreement(which section or Ex hbl Is incorporated Into this Agreement). 1. Scope of Services.The scope of Consultants services is described in the Scope of Services section of the Proposal("Services"),unless Services are otherwise described in Eidibtt B to this Agreement(which section or erdiibit is incorporated Into this Agreement).Portions of the Services may be subcontracted.. Consultants Services do not Include the investigation or detection of,nor do recommendations In Consultant's reports address the presence or prevention of biological pollutants(e.g.,mold,fungi,bacteria,viruses,or their byproducts)or occupant safety Issuea.such as vulnerability to natural disasters,t norism,or violence.if Services Include purchase of software.Client wit execute a separate soinrare license agreement.Consultants findings,opinions,and recommendations are based solely upon data and information obtaii ned by and furnished to Consultant at the time of the Services. 2. Acceptance.Client agrees that exearkon of this Agreement is a material element of the consideration Consultant requires to execute the Services,and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Clients request,both parties shell consider that commencement of Services constitutes formal acceptance of all terms and conditions of ads Agreement Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties.in the event Client uses a purchase order or other form to administer this Agreement,the use of such form shat be for convenience purposes only and any additional or conflicting terms It contains are stricken.This Agreement shall not be assigned by either party without prior written consent of the other party. 3. Change Orders.Client may request changes to the scope of Services by altering or adding to the SeMces to be performed if Client so requests,Consultant will ream to Client a statement(or supplemental proposal)of the change setting forth an adjustment to the Services and fees for the requested changes.Folowhg Client's.review,Client shall provide written acceptance.If Client does not fotiow these procedures,but instead directs,authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant ad be paid for this work according to the fees Mated or Its cement lee schedule.if project conditions change materially from those observed at the site or described to Consultant at the time of proposal,Consuitantt Is entitled to a change order equitably adjusting Its Services and fee. 4. Compensation and Terms of Payment.Client shaft pay compensation for tie Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit Is Incorporated into this Agreement).If not stated in either,fees will be according to Consultant's current fee schedule.Fee schedules are valid for the calendar year In which they are issued.Consultant may invoice Client at least monthly and payment is due upon receipt of Invoice.Client shall notify Consultant in writing,at the address below,within 15 days of the date of the invoice if Ctierit objects to any portion of the charges on the invokre,and shall prunpty pay the undisputed portion.Client shall pay a finance fee of 1.5%per month,but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older.Client agrees to pay all colieclon-related costs that Consultant incurs.Including attorney fees.Consultant may suspend Services for lack of limey payment If It is later determined that Illinois prevailing wage applies,then Client agrees to pay charges reflecting prevarng wages from that point forward,as well as a retroactive adjustment to bring amounts previously paid in Inc with prevailing wage. 5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and eraiusive use with no third party berreidaries intended. Reliance upon the Services and any work product I limited to Client,and is not Intended for third parties.For a limited time period not to exceed three months from the date of the report,Consultant WM issue additional reports to others agreed upon with Cient,however Client understands that such reliance will not be granted until those parties sign and return Consultants reliance agreement and Consultant recehres the agreed-upon reliance fee. 6, LIMITATION OF LIABILITY.CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATNE TO THE RISKS ASSUMED,AND AGREE TO ALLOCATE CERTAIN OF THE RISKS SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABIL TY OF CONSULTANT(AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT .AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF$25,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS,LOSSES, OR EXPENSES(INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S)OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIiITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAiD UNDER CONSULTANT'S COMMERCIAL GENERAL UABIUTY POUCY. 7. Indemnity/Statute of Lbnitatfons. Consultant and Client shall defend, indemnify, and hold (armless the other, their agents, and employees, front and against legal liability for all claims, losses,damages, and expenses to the extent such claims, losses,damages, or expenses are caused by their negligent acts,errors,or omissions.In the event such dales,losses,damages,or expenses are caused by the joint or concurrent negligence of Consultant and Client.they shall be borne by each party in proportion to Its awn negligence under comparative fault principles Causes of action arising out of Consultant's services or this Agreement regardless of causes)or the theory of liability,Inducing negligence.Indemrdty or other recovery shall be deemed to have accrued and the applicable statute of imitations shall commence to run not later than the date of Consultants substantial completion of services on the project. 8. Warranty.Consultant will perform the Services in a mamar consistent with that level of care and skit ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale.CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS MY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW,INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. brsuramce.Conn/tent represents that it now carries,and volt continue to carry:(I)workers'compensation ins trance in accordance with the laws of the states having jurisdiction over Consultants employees who are engaged In the Services. and employer's liability insurance ($1,000,000);(il)commercial general labiiy insurance 01,000000 oco A$2,000,000 egg);(Ni)automobile lability insurance($1,000,000 B.).and P.D.combined single limit/ and(iv)professional lability Insurance($1,000.000 claim I egg).Certificates of Insurance will be provided upon request.Client end Consultant shall waNe subrogation agai sfthe other party on all general liability and property ceverage. Agreement Reference Number(ferracon Proposal or Project NimberpD1907112 Pane 1 of 2 Rev.3.06 1rerraCan 10. CONSEQUENTIAL DAMAGES.NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE;LOSS OF USE OR OPPORTUNfY;LOSS OF GOOD WILL;COST OF SUBSTITUTE FACILITIES,GOODS,OR SERVICES;COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution.Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a-registered.independent.and reputable engineer.architect,or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services.Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days.after which Client may pursue its remedies at law.This Apartment shall be governed by and construed wasting to Kansas law. 12. Subsurface Explorations.Subsurface conditions throughout the site may vary hem those depicted on logs of discrete borings,test pits,or other exploratory services.Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations;Consultant will take reasonable precautions to reduce damage to the site when performing Services; however.Client accepts that invasive services such as drillirng or sampling may damage or alter the site.Site restoration is not provided*Ness specifically included in the Services. 13. Testing and Observations.Client understands that testing end observation are discrete sampling procedures,and that such procedures Indicate conditions only at the dents,locations,and times the prooedures were performed.Consultant chi provide test results and opinions based on tests and field observations only for the work tested.Client understands that testing and Observation we not continuous or exhaustive, and are conducted to reduce-not eliminate-project risk.Client agrees to the level or amount of testing performed and the associated risk.Client Is responsible(even If delegated to contractor)for notifying and scheduling Consultant so Consultant can perform these Services.Consultant shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents.and Consultants performance attesting and observation services shall not relieve contractor in any way from Its responsibility for defects discovered In its work,or create a warranty or guarantee. Consultant wilt not supervise or direct the work performed by contractor or its subcontractors and is not responsible for(heir means and methods. 14. Sample Disposition,Affected lilaterials,and indemnity.Samples are consumed in testing or disposed of upon completion of tests (unless stated otherwise in the Servces).Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Chant that relate to the Identity. location. quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials CAfected Materials')at or near the site, and shalt inmedlately transmit new, updated, or revised information as It becomes available.Grant agrees that Consultant is not responsible for the disposition of Affected Material unless spedically provided in the Services,and that Client is responsible for directing such disposition.In the event that test samples obtained during the performance of Services ()contain eel:stances hazardous to health, safety, or the a virorment.or(II) equipment used during the Services cannot reasonably be decontaminated,Client shall sign documentation(f necessary)required to ensure the equipment andfor samples are transported and deposed of prnperfy,and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials.Chant shall have the obligation to make all spill or release notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site.Accordingly.Client waives any claim against Consultant and agrees to Indemndy and save Consultant,its agents, employees,and related companies harmless from any claim.lability or defense east inducting attorney and expert fees,for injury or loss sustained by any party from such ehposnaas allegedly arising out of Consuhant's non-neglgent performance of services hereunder,or for any claims against Consultant as a generator,disposer.or arranger of Affected Materials under federal,state,or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property.Proprietary concepts,systems,and Ideas developed during performance of the Services shall remain the sole property of Consultant Files shah be maintained in general accordance with Consultants document retention policies and practices. 16. Utilities.Client shall provide Sae location arhdlor arrange for the marking of private utilities and subterranean structures.Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utlities.Consultant shall not be responsible for damage to subterranean structures or utilities that are riot called to Consultants attention,are not correctly marked.Including by a utility locate service,or are incorrectly shown on the plans furnished to Consultant 17. Site Access and Safety.Clint shall secure al necessary site related approvals,permits,licenses,and consents necessary to continence and complete the Services and wtl execute any necessary site access agreement Consultant will be responsible for supervision and site safety measures for its own employees,but strati not be responsible for the supervision or health and safety precautions for any other parties,inducting Client Client's contractors,subcontractors,or other parties present at the site. 18. Termination.tither party may terminate this Agreement or the Services upon written notice to the other.In such case,Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of dosing the project. Co sdtant Consults Client Engineering Enterprises,Inc. sr. �.j "'"f� Date: 9/12/2007 By. Date: NameIThie: Eric z,Office Maeager farmed lie:- --- -- Address: 48 last Road Address; Rockford,Illinois 61109 Phone: 815.873.0980 Fax: 815.873.0991 Phone: Fax Agreement Reference Number(Terracon Proposal or Project N tuber):PD1907112 IPape 2 of 2 Rev.3-06 "a«Jhrn e PP - 12 September 2007 A26207-142 PLANNING Ruin/Rats Inc. 402 West Liberty Pn c Ms.Julie Morrison Wb°'°'"1111rck"0187 Engineering Enterprises Inc. Wak www.planressnt P: 630.663.3783 52 Wheeler Road F: 630.668.4123 Sugar Grove,Illinois 60554 RE: St.Charles Street Water Main Wetland Delineation and Section 404 Permitting Elgin,Kane County,Illinois Dear Julie; Planning Resources Inc.(PRI)is pleased to submit the following proposal to Engineering Enterprises Inc.(hereinafter referred to as"Client")to provide wetland delineation and Section 404 permitting services on the approximately 1,200-foot-long water main replacement line. The project site is located along the east end of Hammond Avenue and west right-of-way for St. Charles Street(Illinois Route 25)to the Soo Line Railroad. If,after completing the delineation,it appears that a buffer planting plan,wetland documentation for a Kane County Stormwater Management Permit,or a Section 404 Regional Permit will be required for project development,we would be pleased to prepare a supplemental proposal to assist you. The proposal assumes that no farmland is present on the site and that the Client will survey flagged wetlands and provide PRI with an electronic copy(1"-=-400'scale or more detailed). It also assumes that the Client will provide hydrologic data in support of completing the jurisdictional determination form and copies of site development plans for inclusion in the request for COE project approval. We respectfully request your consideration of the following proposal. Scope of Services PRI will provide a wetland delineation in conformance with the regulations of the U.S.Army Corps of Engineers(COE)and a request for a Letter of No Objection from the COE. A wetland specialist will perform the following tasks: • Obtain aerial photos,wetland maps,USGS,soils mapping,FEMA map,hydrologic atlas and other data necessary for the wetland delineation; • Conduct wetland delineation based on methodology approved by the Corps of Engineers and accepted by Kane County; • Field-stake perimeter of wetlands; • Prepare wetland report,including resource evaluation,support data,and graphics; • Prepare and submit Illinois Department of Natural Resources threatened and endangered 1 11A h 11141 S species EcoCAT database request; .(OloGlcTS 1.41t9 1(4114 43(1HITI(TS Engineering Enterprises Inc. 12 September 2007 St.Charles Street Water Main Page 2 Scope of Services(continued) • Prepare and submit a letter to the U.S.Fish&Wildlife Service for information on potential federally listed threatened and endangered species; • Fill out the approved COE Jurisdictional Determination form; • Prepare and submit a request for a COE Letter of No Objection for the proposed project,and supporting documentation. Wetland Services $3,549.50 Fixed Rate Work Products Work products associated with this project will include the following: I. Two copies of a Wetland Delineation Report including: • Completed data forms used in field investigation, ▪ Aerial photo with wetland delineation outlined(I"=400'),and • Existing conditions documentation,photos,and exhibits. 2. Illinois Department of Natural Resources EcoCAT database response. 3. U.S.Fish&Wildlife Service letter. 4. COE Jurisdictional Determination form 5. Letter of No Objection. Terms of Agreement This is a cost not-to-exceed proposal for the indicated tasks. Actual cost may be less than quoted. Tasks will be billed at the hourly rates shown in Attachment B,with costs not to exceed those estimated, without prior written approval of the Client. Services required in addition to those budgeted shall be conducted only at the Client's written request and invoiced at rates shown in Attachment B,plus actual direct costs. Planning Resources Inc.(Consultant)reserves the right to modify the hourly rates of its personnel on an annual basis,effective January 1 of each year. Billing for projects that are scheduled to end within a calendar year but,through no fault of the Consultant,extend beyond the first of the next year,will reflect these rate increases and the upset will be increased accordingly. Total person hours shall remain the same unless the scope is renegotiated. r . i Engineering Enterprises Inc. 12 September 2007 St.Charles Street Water Main Page 3 Terms of Agreement(continued) All invoices are due and payable upon receipt. After a thirty(30)-day grace period,interest shall accrue on the unpaid balance as a rate of 1.5 percent per month until paid in full. In no event shall the payment of fees be delayed by difficulties related to the Client's failure to collect fees or monies due to the Client from the Client's customers,clients or other third parties. In the event that any invoice or portion thereof remains unpaid for more than sixty(60)days following the date of invoice,Planning Resources Inc.reserves the right to initiate collection proceedings. In this event, the Client shall pay,in addition to amounts due plus interest,all reasonable fees and expenses related to the collection process including the cost of the time devoted to such proceedings by Planning Resources Inc.staff at their normal hourly rates then in effect. Client recognizes that prompt payment of Consultant's invoices is an essential aspect of the overall consideration Consultant requires for providing service to Client. Client agrees to pay all charges not in dispute within thirty(30)days of receipt of Consultant's invoice. Client agrees that Consultant has the right to suspend or terminate service if undisputed charges are not paid within forty-five(45)days of receipt of Consultant's invoice,and Client agrees to waive any claim against Consultant and to indemnify,defend and hold Consultant harmless from and against any claims arising from Consultant's suspension or termination due to Client's failure to provide timely payment. Any charges held to be in dispute shall be called to Consultant's attention,in writing,within ten(10)days of receipt of Consultant's invoice. Planning Resources Inc.maintains insurance in the amounts of the following. • General Liability,$2 million general aggregate,$1 million per occurrence; • Auto Liability,$1 million; • Workers Compensation and Employer's Liability,Statutory Limits and$500,000;and • Professional Liability,$1,000,000. A certificate of insurance can be supplied upon request. If additional insurance coverage or the inclusion of additional insureds on liability policies is desired by the client,additional premiums will be billed to the client at actual cost. This proposal shall remain open for a period of thirty(30)days from the date of issuance. If the proposal is not accepted and returned to Planning Resources Inc.within thirty(30)days,then the proposal shall automatically terminate without further notice. Engineering Enterprises Inc. 12 September 2007 St.Charles Street Water Main Page 4 Accepted -/-/A-t/(4 Michael A.Tait Julie Morrison Planning Resources Inc. Engineering Enterprises Inc. Principal Title Title Date Date 1 1Planning-Ixomi51propasalc120071A26207-142 St Chula Watermainlpm cvr ttr.doc • • September 21, 2007 TO: Mayor and Members of the City Council r., FROM: Olufemi Folarin, City Manager ,,:, John Loete, Public Works Director SUBJECT: Engineering Services Agreement with Engineering Enterprises for the St. Charles Street Water Main Replacement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with Engineering Enterprises for design engineering services for the St. Charles Street Water Main Replacement. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the agreement with Engineering Enterprises in the not-to-exceed amount of$25,000. BACKGROUND The project will replace the existing 10" water main along the west side of St. Charles Street from just north of the Soo Line/Metra train tracks and connecting to the existing line on Hammond Street. Like the existing main, this main will pass beneath Poplar Creek. The current water main is located on private property in several areas and in very close proximity to other exiting utilities. The replacement of this line will place it entirely in public right-of-way. Repairs to the existing main have proven costly due to the nature of the utilities involved and the need to temporarily relocate the main away from these utilities. The design engineering will include soil borings, routing investigation, wetland delineation coordination, design plans, specifications, and bidding assistance. It is anticipated that this project will require permits from several agencies (IDOT, IEPA, Army Corps, etc.). The engineer will submit all necessary paperwork and obtain permits for the designed project. Requests for proposal for the subject project were solicited from five firms with proposals being submitted on August 31, 2007. The five firms were Bollinger Lach & Assoc., Engineering Enterprises, Ciorba Group, K-Plus, and Strand. A staff selection committee evaluated the five proposals with Engineering Enterprises being selected the most qualified firm. Upon selection, St. Charles St. Water Main Replacement September 21, 2007 Page 2 Engineering Enterprises met with staff to finalize the project scope and negotiate a project fee. The final negotiated fee is $25,000. A project location map is attached as Exhibit A. A copy of the results of the selection process is attached as Exhibit B. A copy of the Engineering Services Agreement is attached as Exhibit C. The agreement will provide for design engineering only and an amendment to the contract will be prepared to provide construction engineering when the project is bid. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The agreement with Engineering Enterprises for the St. Charles Street Water Main Replacement will total $25,000. Funding is available under project number 409687, "St. Charles Street Water Main" in the 2007 General Obligation Bond Fund, account number 367-4000-795.93-41, "Distribution System Upgrades" ($15,000 budgeted and available) and in the 2003 General Obligation Bond Fund, account number 383-4000-795.93-41, "Distribution System Upgrades" ($15,000 budgeted and available). This contract will be amended to add fees for construction management (approximately $30,000) at the time of the construction bid award. Construction funds for this project are budgeted in the Water Fund for 2008 ($150,000) and 2009 ($200,000). LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the engineering services agreement with Engineering Enterprises. 2. The City Council may choose not to approve the agreement with Engineering Enterprises. Respectfully submitted for Council consideration. do Attachments