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HomeMy WebLinkAbout11-5 Resolution No. 11-5 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR THE NORTH COMMONWEALTH AND DEMMOND SANITARY SEWER ENGINEERING ANALYSIS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall, 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 the North Commonwealth and Demmond Sanitary Sewer Engineering Analysis Project,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: January 12, 2011 Adopted: January 12, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT 2011 THIS AGREEMENT is made and entered into this 12th day ofJanuary 2414, by and between the CITY OF ELGIN, an Illinois 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 project commonly known as N. Commonwealth and Demmond Sanitary Sewer Engineering Analysis 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, 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 Public Services Director of the CITY,herein after referred to as the"DIRECTOR". B. A detailed Scope of Services is attached hereto and made a part hereof as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the Project is attached hereto and made part hereof as Attachment B. 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 4. PAYMENTS TO THE ENGINEER A. The CITY shall pay to the ENGINEER for services under this Agreement a total sum of$ 178,996.00 (a detailed summary of which is attached hereto and made part hereof as Attachment C), regardless of actual costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR. B. 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. Est. Invoice Date % Complete Value January 1 12.5% $ 22,374 February 1 25.0% $ 22,374 March 1 37.5% $ 22,374 April 1 50.0% $ 22,374 May 1 62.5% $ 22,374 June 1 75.0% $ 22,374 July 1 87.5% $ 22,374 August 1 100.0% $ 22,374 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. 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. 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 Section 4 hereof, no action shall be commenced by the ENGINEER or any other related entity 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, 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 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. Such Certificate of Insurance shall include, cover and provide for the contractual obligations assumed by ENGINEER under Article 10 herein. 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, 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 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 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: David L. Lawry, P.E. Public Services Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Thomas W. Talsma Vice President Engineering Enterprises, Inc 52 Wheeler Road Sugar Grove, Illinois 60554 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. 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 By Ci Manager k 1 ice President Attest: City Clerk .* Attachment A - Scope of Services N. Commonwealth and Demmond Sanitary Sewer Analysis Project Management and Facilitation 1.1 Project Administration Services 1.2 Conduct Project Initiation & Progress Meetings with City Staff(4) 1.3 Conduct Project Initiation & Progress Meetings with Resident Stakeholders (2) 1.4 Prepare and Submit Periodic Email Client Status Reports to City Staff (10) Surveying, I & I Characterization & SSES Field Work 2.1 Conduct Basin Surveying b Sanitary Sewer Within Basins #1, #2, #3 and #4 * Storm Sewer Network Draining Commonwealth & Demmond Area b Top of Foundation Elevations Within Basins #2 & #3 2.2 Conduct Sanitary Sewer System Flow Monitoring (5 Locations) 2.3 Characterize Basin Flows During A Wet Weather Event (One Event) 2.4 Conduct Sanitary Sewer System Televising (Basins #2 & #3) * Assumed 11,000 LF of Sanitary Sewer a Assumed 10 Service Laterals Inflow and Infiltration Analysis 3.1 Finalize Basin Delineation & Flow Monitoring Distribution 3.2 Resident Survey Distribution & Collation 3.3 Analyze Sanitary Sewer System Flow Monitoring Results 3.4 Review Smoke Testing Results (City To Provide Results) 3.5 Review Sanitary Sewer System Televising Results (Basins #2 & #3) 3.6 Summarize Resident Surveys & Basement Surcharging Elevations (Basins #2 & #3) 3.7 Summarize Basin Defects 3.8 Identify Sanitary Sewer Rehabilitation Options (Basin #2 &#3) 3.9 Identify Storm Sewer Rehabilitation Options (Commonwealth & Demmond Storm Sewer Network) 3.10 Prepare Cost Estimates For Sanitary Sewer Improvements 3.11 Prepare Cost Estimates For Storm Sewer Improvements 3.12 Evaluate Cost Benefit For Sanitary Sewer Improvements 3.13 Evaluate Cost Benefit For Storm Sewer Improvements 3.14 Develop Implementation Plan Sanitary Sewer System Modeling (Basins #1, #2, #3 & #4) 4.1 Construct Existing Conditions Sanitary Sewer Model 4.2 Conduct Baseline Sanitary Sewer Simulation 4.3 Summarize Baseline Sanitary Sewer Capacity 4.4 Calibrate Model With Field Work Results 4.5 Conduct Flow Simulations With Rehabilitation Improvements 4.6 Quantify Protection Levels For Rehabilitation Efforts 1°4 Attachment A — Scope of Services N. Commonwealth and Demmond Sanitary Sewer Analysis Storm Sewer System Modeling (Commonwealth & Demmond Storm Sewer Network) 5.1 Construct Existing Conditions Storm Sewer Model 5.2 Conduct Baseline Storm Sewer Simulation 5.3 Summarize Baseline Storm Sewer Capacity 5.4 Conduct Flow Simulations With Rehabilitation Improvements 5.5 Quantify Protection Levels For Rehabilitation Efforts Reporting and Presentations 6.1 Develop Draft Report & Submit To City Staff For Review 6.2 Prepare Draft Presentation 6.3 City Staff Draft Report & Presentation Review 6.4 Finalize Report & Submit To City 6.5 Conduct Presentation @ City Council Meeting 111 ► EFC & MEMBERS OF CITY COUNCIL E LG I N THE CITY IN THE SUBURBS MEETING DATE: December 15, 2010 INITIATIVE I: Engineering Services Agreement with Engineering Enterprises, Inc. COMMUNITY GOAL • Neighborhood Vitality: By improving the infrastructure within neighborhoods OBJECTIVE • Provide funding for engineering services to survey the sanitary and storm basins in the surrounding neighborhood PURPOSE • Identify potential problems that exist in the sanitary and storm sewers that contribute to the neighborhood flooding RECOMMENDATION • Approve the engineering agreement with Engineering Enterprises, Inc. to conduct the research outlined in their proposal BACKGROUND The sanitary and storm sewer basins that are included in the neighborhood surrounding the North Commonwealth and Demmond area have a history of overland and basement flooding during excessive rain events. Although the basin was originally designed to accommodate a 10 year rain event, there appears to exist cross connections and various other forms of infiltration into the sanitary sewer system that causes backups during a rain event. A previous engineering study conducted in 1998 did identify some potential causes of the flooding, but the scope of the project was limited and did not take into account the entire drainage basin. Subsequent to the 1998 study, most of the initiatives identified to resolve flooding have been completed, although flooding issues still exist. Since the 1998 study was completed and subsequent work was undertaken, the reports of flooding have reduced. Public works has not been aware of significant flooding since the 1998 work was completed. Neighborhood residents claim to have reported flooding to city staff, but • due to communications breakdowns and the lack of a centralized computer program to capture this information, the records of these events is not available at this time. In any event, the significant rains of July 24, 2010 brought this issue to everyone's attention, with portions of this neighborhood experiencing a reported three to four feet of standing water in the street and significant sanitary flooding in the basements of over 35 residences. The Mayor, Sean Stegall and Colby Basham attended a meeting with neighborhood residents to discuss their flooding issues. During this meeting, a commitment was made to further study the issues, determine the cause and report back to the neighborhood the results and the course of corrective action that would be taken. Due to the nature of the problems, a review of the entire storm and sanitary basins is needed to fully understand the issues affecting drainage. In order to fully understand the problems associated with the basin, a complete engineering survey of the storm and sanitary basins is necessary. The city procurement ordinance requires that the user departments solicit not less than three proposals. In this case, four firms were selected that were otherwise qualified to conduct the work. A selection committee consisting of Dave Lawry, Joe Evers, Colby Basham and Art Maim was formed to review the proposals. Art Maim is a neighborhood resident that has experience in sanitary infiltration and is a professional engineer. He also experienced basement flooding during the summer rain event. The selection committee unanimously selected Engineering Enterprises, Inc. (EEI) for their understanding of the scope of the work. EEI was selected as the -41 most qualified firm. When negotiating the contract, the city evaluates the firm's understanding of the scope of the work and compares their work to their closest priced competitor and allows them to justify the price difference. In this case, EEI's focused approach to breaking down the entire basin into sub-basins allowed for the alteration of the work scope, without losing any of the services needed to gain a complete understanding of the problems. OPERATIONAL ANALYSIS During the smoke testing evaluation in the fall of 2010, city staff was able to determine that some cross connections exist between the storm and the sanitary sewer system lines. However, the scope and magnitude of the flooding problems are beyond the capacity of the Sewer Division at this time. To determine the real cause and resolution of the issues present, the entire sanitary and storm basins need to be analyzed to determine capacity and potential infiltration issues. The scope of the engineering services will include topographical surveys (to include basement elevations) and flow modeling of the storm and sanitary sewer systems, which encompasses a graphical computer generated simulation of the sewer system. Also included in the project scope is cleaning and televising of the sewer mains, a complete basin survey, a resident survey, identification of sewer rehabilitation options, conducting flow simulations, data analysis and recommendations for remediation. 41) 2 r INTERESTED PERSONS CONTACTED Engineering Enterprises, Inc. Wills, Burke, Kelsey Associates, Ltd. Christopher B. Burke Engineering, Ltd. Baxter&Woodman, Inc. FINANCIAL ANALYSIS The cost proposals for this engineering study were reviewed by the selection committee. The cost of the contract with Engineering Enterprises, Inc. is$178,992. The team unanimously chose Engineering Enterprises, Inc. and believes that they will provide the best value to the City due to their understanding of the scope of the project and their systematic approach to finding a solution. Funds in the amount of $115,102 were previously budgeted in project number 339995, North Commonwealth Engineering/Reconstruction. The remaining funds of $63,894 have been appropriated in the proposed 2011 sewer fund budget, account number 430-4202- 772.93-90, "Other Major Repairs". rik BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 276-0000-791.93-80 339995 $115,102 $115,102 LEGAL IMPACT None. ALTERNATIVE COURSES OF ACTION Chose an alternative bid that falls short of expectation and understanding of the project scope. NEXT STEPS 1. Execute the agreement with Engineering Enterprises, Inc. 3 Prepared by: Colby Basham, Utility Supervisor Reviewed by: David L. Lawry, Public Services Director Reviewed by: Colleen Lavery, Chief Financial Officer Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer Final Review by: Richard G. Kozal,Assistant City Manager/Chief Operating Officer Approved by: edfa // x Sean R. Stegall, City Manag ATTACHMENTS A. Engineering Agreement 411) , 4 ELGIN THE CITY IN THE SUBURBS" DATE: January 27, 2011 TO: Colby Basham, Utility Maintenance Supervisor FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 11-5, Adopted at the January 12, 2011, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with Engineering Enterprises, Inc. for the North Commonwealth and Demmond Sanitary Sewer Engineering Analysis Project r