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HomeMy WebLinkAbout08-143 Resolution No. 08-143 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH S.T.A.T.E. TESTING, LLC (2008 Neighborhood Resurfacing Project) 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 S.T.A.T.E. Testing,LLC for the 2008 Neighborhood Resurfacing Project,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 11, 2008 Adopted: June 11, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this day oZ-Vq fed,200 CI ,by and between the CITY OF ELGIN, an Illinois municipal corp r tion (hereinafter referred to as "CITY") and S.T.A.T.E. Testing LLC, an Illinois limited liability company, (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 2008 Neighborhood Resurfacing Project(hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the"DIRECTOR". B. Engineer shall provide quality assurance materials testing services in the field consisting of field density verification by nuclear gauge method. Engineer will also provide plant quality assurance inspection services. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule.A brief narrative will be provided identifying progress,findings and outstanding issues. 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including,but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the rates set forth in Schedule B with the total fees and costs paid to the ENGINEER not to exceed $55, 200 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR and approved by the CITY by way of written amendment to this agreement . B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus_NA . C. ENGINEER shall also be paid the reimbursable expenses set forth in Schedule B. Such reimbursable expenses are included in the not-to-exceed amount of $55, 200 set forth in Section 4A above . 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. Monthly 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination,except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. - 2 - 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 5,shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any 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. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default, fails within fifteen(15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and hold harmless the CITY,its officers, employees, agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY,its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration,completion 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 - 3 - A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect,during the term of this Agreement,a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled"Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $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, 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, - 4 - 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,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 - 5 - The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract,the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILLS 5/2-105. 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion,shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 27. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. - 6 - Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Derek White 570 Rock Road, Unit K East Dundee, Illinois 28. COMPLIANCE WITH LAWS 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. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By V�l!!! ,� - By City an,_er ' Attest: City Clerk F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-04-17-08.doc - 7 - Schedule A Scope of Service Engineer will provide Quality Assurance testing for said project for Hot Mix Asphalt, Portland Cement Concrete, and Soils. All testing will be performed in accordance to the contract specifications and current Illinois Department of Transportation documents. In is anticipated that bituminous density testing by the nuclear gauge method will be used on this project. All laboratory testing will be performed at an accredited AASHTO AMRL/CCRL laboratory. - 8 - Schedule B STANDARD RATES & FEES S.T.A.T.E. Testing, LLC 2008 Season Effective 1/1/08-1/1/09 BITUMINOUS MATERIALS LABORATORY SERVICES* Standard COMPLETE IDOT SUPERPAVE MIX DESIGN $6,700 COMPLETE ISHTA SUPERPAVE MIX DESIGN(W/Bailey Method VMA) $8,500 COMPLETE SMA MIX DESIGN $9,500 COMPLETE SMA ISHTA MIX DESIGN(W/Bailey Method VMA) $10,500 SUPERPAVE/SMA DESIGN MIX VERIFICATION(ONE-POINT) $1,800 SUPERPAVE/SMA DESIGN MIX VERIFICATION(W/Bailey Method VMA)(ONE-POINT) $2,250 TENSILE STRENGTH RATIO(T.S.R.)(ASTM D 4867)MARSHALL MIX DESIGN $575 TENSILE STRENGTH RATION(TSR)SUPERPAVE MIX DESIGN $770 BULK SPECIFIC GRAVITY(Gmb,or"d")GYRATORY SPECIMEN(AVG.OF 2) $375 SUPERPAVE AND SMA—MAXIMUM SPECIFIC GRAVITY(Gmm) $115 EXTRACTION(REFLUX)WITH WASHED GRAD. $275 (ASTM D 2172,C 136) EXTRACTION(CENTRIFUGE)WITH WASHED GRAD. $450 W/MOISTURE CORR.(ASTM C-566&D-146) SUPERPAVE—MAXIMUM SPECIFIC GRAVITY(Gmm)-one test& $500 BULK SPECIFIC GRAVITY(Gmb)-Avg.oft STABILITY AND FLOW(AVG.OF 3)(ASTM 1559,D 2726) $350 PAVEMENT ANALYSIS—SINGLE CORE(4") $55 W/SAW CUTTING(ASTM D 2726) PAVEMENT ANALYSIS—SINGLE CORE(6") $55 W/SAW CUTTING(ASTM D 2726) $55 SUPERPAVE PRODUCTION MIX VERIFICATION* (Includes:Reflux Extraction,Gmm,Gmb) $750 (Includes:Ignition Extraction,Gmm,Gmb) $650 NUCLEAR CORRELATION UP TO 4 GAUGES $500 -ADDITIONAL GAUGES(EACH) $50 -LINEAR REGRESSION OF CORES(15 CORES/$25 EACH) $650 INVESTIGATIVE CORING—(INCLUDES ON-SITE CUTTING,DELIVERY TO LAB,UP TO 4 HOURS) $900 RENTAL OF GYRATORY COMPACTOR PER DAY $500 CORE ANALYSIS,6"-EACH CORE(DENSITY&REFLUX) $450 ALL BUSTED MIX DESIGNS V Price AGGREGATE LABORATORY SERVICES Standard DRY GRADATION(ASTM C 136) $89 WASHED GRADATION(ASTM C 136) $129 SPECIFIC GRAVITY AND ABSORPTION(ASTM C 127,C 128) $210 MOISTURE CONTENT $69 MINERAL FILLER GRADATION(ASTM D 546) $119 PGE TESTING (Washed Gradation) $249 PGE TESTING (Dry Gradation) $189 STANDARD RATES & FEES S.T.A.T.E. Testing, LLC 2008 Season Effective 1/1/08-1/1/09 AGGREGATE LABORATORY SERVICES(Cont) Standard LOS ANGELES ABRASION(ASTM C 131) $180 FIVE CYCLE SOUNDNESS SODIUM SULFATE (ASTM C 88) $450 UNCOMPACTED VOID CONTENT(fine aggregate angularity)(ASTM C 1252) $119 FLAT AND ELONGATED PARTICLES(ASTM D4791) $129 SAND EQUIVALENT(ASTM D 2419) $119 FRACTURED PARTICLES(coarse aggregate angularity)(ASTM D 5821) $119 AGGREGATE ABSORPTION(AVG.OF 3)(ASTM C 566) $119 UNIT WEIGHT (ASTM C 29) $89 DELETERIOUS COUNT $119 PORTLAND CONCRETE LABORATORY SERVICES * COMPRESSIVE STRENGTH OF CYLINDERS (ASTM C 39) $19.00 WITH CURE TIME UP TO 28 DAYS-S.T.A.T.E.Testing made COMPRESSIVE STRENGTH OF CYLINDERS (ASTM C 39) $25 WITH CURE TIME UP TO 28 DAYS-non-S.T.A.T.E.Testing made FLEXURAL STRENGTH OF BEAMS WITH (ASTM C 293) $50 IL.MODIFIED SINGLE POINT LOADING FLEXURAL STRENGTH OF BEAMS WITH (ASTM C 78) $60 ASTM THREE POINT LOADING SULFUR CAPPING $55 NON-DESTRUCTIVE TEST-SCHMIDT HAMMER(ASTM C-684)Up to 3 locations $500 HIGH STRENGTH/HIGH PERFORMANCE CYLINDERS/WITH HIGH STRENGTH PADS $55 A.S.R.TESTING 14-DAY(ASTM C 1260) $950 CYLINDER PICK-UP $195 SOILS LABORATORY SERVICES * STANDARD PROCTOR(AASHTO T99,ASTM D698) $225 MODIFIED PROCTOR(AASHTO T180,ASTM D1557) $250 PLASTICITY INDEX(AASHTO T90,ASTM D4318) $125 HYDROMETER TEST(AASTO T-88) $125 ORGANIC CONTENT(AASHTO T-267,ASTM D-2974) $145 PH OF SOILS(AASHTO T-289) $85 LIQUID&PLASTIC LIMIT $99 FIELD ENGINEERS&TECHNICIAN RATES AGGREGATE TECHNICIAN $94 APPRENTICE $70 MATERIAL TESTER $115 SENIOR TECHNICIAN $139 CIVIL ENGINEER $149 PROFESSIONAL ENGINEER $195 PRINCIPAL $315 PRINCIPAL-LITIGATION $475 LETTER SIGNED BY PE VERIFYING RESULTS $275 ALL LABORATORY TESTING IS PERFORMED IN ACCORDANCE WITH ASTM AND/OR AASHTO TEST METI RATES INCLUDE PREVAILING WAGES AS OUTLINED IN THE PREVAILING WAGE ACT IN ILLINOIS. NO OTHER WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,IN FACT OR BY LAW,IS MADE OR INTE1 to May 22, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager David Lawry, P.E., General Services Group Director SUBJECT: Engineering Service Agreement with S.T.A.T.E. Testing, LLC for Material Testing Services for the 2008 Neighborhood Resurfacing Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an Engineering Services Agreement with S.T.A.T.E. Testing for the 2008 Neighborhood Resurfacing Project. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the subject agreement with S.T.A.T.E. Testing in the not-to-exceed amount of$55,200. BACKGROUND The 2008 Neighborhood Resurfacing Project will resurface approximately 37 miles of streets in various neighborhoods throughout the City. The construction contract was awarded to Arrow Road Construction at the May 14, 2008 Council meeting. The subject agreement will provide for material testing for the subject project. The services include asphalt mixture control testing, asphalt plant inspections and in place density testing of the asphalt. Proposals and pricing were solicited from three firms on April 21, 2008. The three firms were S.T.A.T.E. Testing, Testing Service Corporation (TSC) and Midland Standard Engineering and Testing (MSET). The prices received were $42,550 submitted by TSC, $55,200 submitted by S.T.A.T.E. Testing and $70,225 submitted by MSET. The proposal submitted by TSC was considered non-responsive as it did not include all items necessary to complete the project successfully. It should also be noted that S.T.A.T.E. Testing is the only firm in this area that is currently certified by IDOT to provide the required material testing. Based upon this information, S.T.A.T.E. Testing was selected as the most qualified firm to complete the required testing services. Engineering Services Agreement with S.T.A.T.E. Testing for 2008 Neighborhood Resurfacing May 22, 2008 Page 2 A copy of the Engineering Services Agreement is attached as Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The agreement with S.T.A.T.E. Testing will total $55,200. The total budget for this project is $7,000,000. Funding is available in the Riverboat Fund, account number 275-0000-791.93-80, "Public Works/Street Improvements", project number 339959, "2008 Neighborhood Resurfacing" with $1,000,000 budgeted and $1,000,000 available. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Engineering Services Agreement with S.T.A.T.E. Testing LLC. 2. The City Council may choose not to approve the Engineering Services Agreement with S.T.A.T.E. Testing LLC. Respectfully submitted for Council consideration. do Attachment