Loading...
HomeMy WebLinkAbout11-0101 Trotter and Assoc. Unsigned ‘‘•-• 010k AGREEMENT THIS AGREEMENT is made and entered into this day of 2011,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as "CITY") and Trotter and Associates, 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 Lord Street CSO Basin Green Infrastructure Retrofit 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, and other good and valuable consideration, the sufficiency of which is hereby acknowledged,it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of the Water Department of the CITY, herein after referred to as the"DIRECTOR." B. The PROJECT relates to the installation of green infrastructure features within the Lord Street CSO Basin area pursuant to a grant to the CITY from the Illinois Environmental Protection Agency through the Illinois Green Infrastructure Grant program. The green infrastructure features will consist of stormwater best management practices (stormwater BMPs) designed to intercept and infiltrate stormwater runoff before it enters the combined sewers, which service the project area. The BMPs will be sited along public rights-of-way in areas where combined sewer separation is not planned for at least 10 to 15 years. The stormwater BMPs to be designed and installed shall be either permeable pavers, bioretention basins, or structural water quality devices(such as those manufactured by Filterra,Inc.). The ENGINEER shall provide planning,design and construction engineering services for the PROJECT. C. A detailed Scope of Services,entitled"Scope of Services- Lord Street CSO Basin Green Infrastructure Retrofit Project," is attached hereto as Exhibit A and incorporated herein by this reference. 2. SCHEDULE AND PROGRESS REPORTS A. An outline project milestone schedule is as follows: The project is scheduled to begin upon approval and execution of this Agreement. The project is divided into two phases. Phase I will begin immediately with neighbor meetings to solicit adjacent landowner buy-in and conclude by June 30,2012 with the design, permitting and construction of between four and eight BMP basins or - 1 - structural devices. Preliminary design of at least one of the two permeable alleyways will be completed during this phase as well. Phase 1I will commence in Spring 2012 once construction of Phase I has begun. Phase II will include the additional neighborhood outreach meetings to secure support for the remaining BMP sites (a total of at least 34 BMP sites and 2 alleys will be completed between both phases). Phase II will also include final design and permitting, which will be completed no later than July 2013, and all construction of remaining green infrastructure features shall be finished by August 1,2014. Final documents to the IEPA for grant reporting shall be submitted to the IEPA prior to October 1, 2014. B. 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 hourly rate of personnel employed on this PROJECT as set forth on Exhibit B, attached hereto and incorporated herein by this reference,with the total fee not to exceed One Hundred Thirty-One Thousand Five Hundred Dollars($131,500.00)regardless of the actual costs incurred by the ENGINEER,unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subconsultants,the CITY shall pay the invoiced fee to the ENGINEER,plus five percent(5%);provided,however,that any such invoiced fees shall constitute and be included within the not-to-exceed amount of$131,500 set forth in paragraph 4.A,above. C. ENGINEER shall be reimbursed its reimbursable expenses,such as blueprinting and other reproduction services, at the cost to the ENGINEER, plus ten percent(10%); provided, however, that any such reimbursed expenses shall constitute and be included within the not-to-exceed amount of$131,500 set forth in paragraph 4.A, above. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(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: - 2 - • Phase I (Up to 8 BMP sites plus 1 permeable paver alleyway) $51,500.00 • Phase I—Geotechnical Testing(Rubino Engineering, Inc.) $10,600.00 • Phase I1 (Up to 8 BMP sites plus 1 permeable paver alleyway) $61,400.00 • Phase II—Geotechnical Testing $ 7,650.00. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports(paragraph 2.B, 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. 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 paragraph 6, 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 - 3 - party may terminate this Agreement. Notwithstanding the foregoing or anything else to the contrary in this Agreement,with the sole exception of the monies the CITY has agreed to pay to the ENGINEER pursuant to paragraph 4 hereof, no action shall be commenced or maintained by the ENGINEER against the CITY for monetary damages. 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 and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official,director,officer,agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect,during the term of this Agreement,a policy of comprehensive general liability insurance 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. - 4 - 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, 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. - 5 - 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 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; - 6- 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 ILCS 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: Kyla Jacobsen Water Director City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. As to ENGINEER: R. Scott Trotter President Trotter and Associates,Inc. 40W201 Wasco Road, Suite D St. Charles, IL 60175 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, the ENGINEER hereby certifies,represents and warrants to the CITY that all the 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. The ENGINEER shall also at its - 7- 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 The 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. The ENGINEER shall pay any and all costs associated with any such audit. 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 Y City Manager Attest: City Clerk - 8- Exhibit A Scope of Services -Lord Street CSO Basin Green Infrastructure Retrofit Project The Scope of Services for the Project is as follows: 1. During Phase I, Engineer shall: 1.1 Obtain & process base-line project area data, including, but not limited to updated GIS files,SWMM model input data,current sewer separation progress&planning information. 1.2 Perform a site investigation/assessment of the project area with City Staff and/or Southwest Area Network(SWAN)representatives. 1.3 Prepare and give up to 4 presentations to SWAN residents at public meetings to present project details,discuss options,and solicit landowner participation for potential BMP sites. 1.4 Coordinate with City Staff to have City conduct combined sewer flow monitoring in sewers adjacent to proposed BMP sites in order to collect pre-and post-project flow data. Engineer shall review flow data records supplied by the City and correlate to local rain gages (USGS Tyler Creek rain gage,City-maintained rain gages,etc.). 1.5 Perform a topographic field survey of Phase I BMP site Iocations. 1.6 Coordinate with Geotechnical Sub-Consultant on the collection and interpretation of soil boring and infiltration testing information to be utilized in the design of the BMPs.Phase I Geotechnical Sub-consultant shall be Rubino Engineering,Inc. (665 Tollgate Rd, Elgin, IL). Geotechnical work shall include soils report,up to eleven(11)soil borings to a depth of ten(10)feet, and infiltration testing using piezometers installed in soil boring hole. 1.7 Prepare preliminary engineering drawings and specifications for the Phase I BMP sites. 1.8 Prepare the necessary permits and coordinate with City Staff and adjacent landowners to facilitate landowner buy-in. 1.9 Prepare Summaries of Quantities and Engineer's Cost Estimates for each Phase I BMP site. 1.10 Prepare a Design Solution Report and submit to the IEPA for approval. 1.11 Prepare pollutant load/runoff reduction analysis to estimate quantity of pollutants and/or runoff reduced by constructing proposed project BMPs. 1.12 Prepare a Draft Operation & Maintenance Manual for the project BMPs and submit to IEPA for approval. - 9- 1.13 Assist the City with the preparation of bid notices to contractors, answering contractor questions, attend a pre-bid meeting, prepare bid addendums, review bids, and prepare a recommendation of award. 1.14 Provide one set of construction stakes for critical project features as needed at each BMP site location. 1.15 Provide construction observation services to document the construction activities and insure the BMPs are constructed according to the project plans and construction documents. 1.16 Prepare post-construction punchlists for each BMP site and coordinate punchlist completion by the Contractor. 1.17 Prepare Quarterly Reports to IEPA as required to meet the City's grant reporting requirements with the IEPA. 1.18 Coordinate with the IEPA as needed to insure the project approach and components address the IEPA's expectations for the project. 2. During Phase II, Engineer shall: 2.1 Perform site investigations & assessments of the project area with City Staff and/or Southwest Area Network(SWAN)representatives to identify BMP site locations for Phase II. 2.2 Prepare and give up to 4 presentations to SWAN residents at public meetings to present project details, discuss options,and solicit landowner participation for project sites. 2.3 Coordinate with City Staff to have City conduct combined sewer flow monitoring in sewers adjacent to proposed BMP sites in order to collect pre-and post-project flow data. Engineer shall review flow data records supplied by the City and correlate to local rain gages(USGS Tyler Creek rain gage, City-maintained rain gages,etc.). 2.4 Perform a topographic field survey of Phase II BMP site locations. 2.5 Coordinate with Geotechnical Sub-Consultant on the collection and interpretation of soil boring and infiltration testing information to be utilized in the design of the BMPs. Final scope and cost of Geotechnical services needed during Phase II will be determined near the end of Phase I. 2.6 Prepare preliminary engineering drawings and specifications for the Phase II BMP sites. - 10 - 2.7 Prepare the necessary permits and coordinate with City Staff and adjacent landowners to facilitate landowner buy-in. 2.8 Prepare Summaries of Quantities and Engineer's Cost Estimates for each Phase H BMP site. 2.9 Prepare a Design Solution Report and submit to the IEPA for approval. 2.10 Prepare pollutant load/runoff reduction analysis to estimate quantity of pollutants and/or runoff reduced by constructing proposed project BMPs. 2.11 Prepare a Draft Operation & Maintenance Manual for the project BMPs and submit to IEPA for approval. 2.12 Assist the City with the preparation of bid notices to contractors, answering contractor questions, attend a pre-bid meeting, prepare bid addendums, review bids, and prepare a recommendation of award. 2.13 Provide one set of construction stakes for critical project features as needed at each BMP site location. 2.14 Provide construction observation services to document the construction activities and insure the BMPs are constructed according to the project plans and construction documents. 2.15 Prepare post-construction punchlists for each BMP site and coordinate punchlist completion by the Contractor. 2.16 Prepare Quarterly Reports to IEPA as required to meet the City's grant reporting requirements with the IEPA. 2.17 Coordinate with the TEPA as needed to insure the project approach and components address the IEPA's expectations for the project. 2.18 Prepare a Final Project Evaluation Report per IEPA guidelines and submit to the IEPA for review and approval to conclude the project. The City is expected to furnish Engineer with full information regarding the Project, including the historic engineering/development plans for the Lord Street CSO service area, any existing topographic surveys and storm sewer information in CAD/GIS format, stormwater models of the project area, and any other related information the City may have which will aid in the design development of the project components. - 11 - Exhibit B Trotter and Associates, Inc. —2011 Schedule of Hourly Rates (TO BE INSERTED) - 12 - Trotter and Associates,Inc. 2011 Schedule of Hourly Rates-Exhibit A Classification 2011 Billing Rate Principal S 177.47 Senior Project Manager $ 170.00 Project Manager $ 153.00 Professional Land Surveyor $ 153.00 Project Coordinator $ 143.00 Senior Project Engineer S 143.00 Project Engineer I1 S 99.00 Project Engineer I $ 90.00 Engineer Level IV $ 134.00 Engineer Level III $ 126.00 Engineer Level II $ 106.00 Engineer Level I $ 89.00 Engineering intern $ 42.00 Senior Technician S 125.00 Technician Level IV $ 109.00 Technician Level III $ 99.00 Technician Level Il $ 89.00 Technician Level I $ 80.00 Clerical Level II $ 62.00 Clerical Level 1 $ 50.00 Survey Crew $ 110.00 Survey Technician Level 11 $ 63.00 Survey Technician Level I $ 51.00 Sub Consultants Cost Plus 5% Reimbursable Expenses Cost Plus 15% Note. On January 1.2012 and xarly thereafter,the fees and hourly rater may be escalated by an amount no to exceed flw(2)percent. • H:lformsldmin120I I Rows w Cordon.xls