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HomeMy WebLinkAbout12-93Resolution No. 12 -93 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. (Chicago Street Rehabilitation Project -Phase I Engineering Study) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement with Engineering Enterprises, Inc. on behalf of the City of Elgin for Phase I Engineering Study in connection with the Chicago Street Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 23, 2012 Adopted: May 23, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 23`d. day of May, 2012, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY ") and Engineering Enterprises, Inc.(hereinafter referred to as "ENGINEER "). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Phase I Engineering Study for the Chicago Street Rehabilitation 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, conditions and stipulations, to -wit: 1. SCOPE OF SERVICES 2. A. All work hereunder shall be performed under the direction of the City Engineer of the CITY, herein after referred to as the "DIRECTOR ". B. A detailed Scope of Services is attached hereto as Attachment A. A. An outline project milestone schedule has been estimated and is provided hereinunder; the key milestones are included in the developed project schedule referenced in item 2.13. 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 product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, 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 product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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 for the classifications of personnel who perform work on this PROJECT, with the total fee not to exceed $ 233,600 as estimated in Attachment C 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. The attached Attachment C is based on the latest schedule of standard charges; modifications to the annual standard of charges shall be permitted, however any such changes will not increase the hourly - not -to- exceed total for the contract. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 0 %. Any such fees for outside services shall be included in the total fee not to exceed. C. All estimated subcontractor fees are included in the Not To Exceed total. The total shall include the items as required to prepare a final Project Development Report (PDR) in accordance with the Illinois Department of Transportation Requirements. The report will be utilized to define the requirements of the Final Design Engineering, but will not include Final Design Engineering Services. 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. Due to the nature of the work to be performed, review timelines, the estimated values below may require carry over to future months to account for variability in monthly charges incurred. Est. Invoice Date %Complete Value July 1, 2012 5% $ 11,680 August 1, 2012 25% $ 46,720 September 1, 2012 35% $ 23,360 October 1, 2012 45% $ 23,360 November 1, 2012 55% $ 23,360 December 1, 2012 60% $ 11,680 January 1, 2013 65% $ 11,680 February 1, 2013 70% $ 11,680 March 1, 2013 75% $ 11,680 April 1, 2013 80% $ 11,680 May 1, 2013 85% $ 11,680 June 1, 2013 90% $ 11,680 July 1, 2013 92% $ 4,672 August 1, 2013 94% $ 4,672 September 1, 2013 96% $ 4,672 October 1, 2013 98% $ 4,672 November 1, 2013 100% $ 4,672 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.A. 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 an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 50111, et seq.), as amended, or the Illinois Interest Act (S 15 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time - barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of 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 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. 13. 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. 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: JOSEPH EVERS, P.E. City Engineer 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 C By— City anager Atte t: City Clerk FOR THE ENGINEER: Atte (� Admini t" tant Attachment A PHASE I ENGINEERING SERVICES FOR THE PREPARATION OF A PROJECT DEVELOPMENT REPORT 1. OVERALL General: The Phase I Engineer (hereinafter referred to as Design Engineer) will serve as the City of Elgin's representative for the entire design and administration of the planning for the project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Design Engineer shall include implementation of City policies, program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the Project Development Report in accordance with the City's objectives of cost, time and quality and in accordance with the Illinois Department of Transportations requirements. The Design Engineer will work closely with and report to the City Engineer or his designee. It shall be understood that the Design Engineer will act as a representative of the City Engineer on this project and shall coordinate with other City entities such as the Legal Department, City Clerk, Purchasing Director, Water Director, Sewer Director and Street Director. The Design Engineer shall be responsible for acting as a representative of the City Engineer on this project in regards to Federal, State and County issues as well. 2. Law: The Design Engineer is expected to understand all State, County and City Laws governing the implementation of his planning document. 2. PROJECT DEVELOPMENT REPORT Preliminary Design: a. Proiect Location: This project is along Chicago Street, from Center Street to Liberty Street in the City of Elgin, IL. b. Project Kickoff: • Establish lines of communication. Present a work plan for the project including schedule milestones, design criteria and a list of information needed from the City to begin design. Acquire existing information from the City including previous reports, plans of recent development and relevant site information Collect water, sanitary and storm atlases from the City Interview and document same, the Sewer, Water and Street Departments for their knowledge of issues within the project location. Collect and analyze public utility records and notify utility of pending project. Kick -off Meeting at the District One Office of the Illinois Department of Transportation c. Inspection of Project Location: The Design Engineer shall provide general site inspection of the project area and to collect topographic survey data as discussed in 2.1.g. d. Additional Work Items (Phase I Work Items): The Design Engineer shall also perform the following tasks; • Geotechnical Investigations • Traffic Counts • PESA • Wetland Delineation • Tree Inventory • Alternate Design Studies (Alternate Pavement Widths, etc.) • Capacity Analysis • Crash Analysis • Drainage Technical Memorandum • Traffic Staging Review • Strom Sewer Design Services • Estimates of Construction Cost • Final Preparation of Project Development Report (PDR) • Attendance at IDOT and FHWA Project Meetings • Attendance at one Public Meeting • Revisions to PDR (Address IDOT, FHWA and City Commentary) • Facilitation of PDR Approval e. Scope of Work Refinement: Based upon the collection of the above information, the Design Engineer shall refine the scope of work, including an estimate of cost, and obtain approval from the City. Documents: The final deliverable resulting from this Contract will be a Project Development Report that will detail the requirements of the Final Design Engineering; no Construction Documents will be prepared; those shall be developed under future Contract, upon final agreement of project scope subsequent to PDR approval. e. Scheduling: For this agreement, the Design Engineer has developed an estimated schedule for steps from execution of this agreement to estimated PDR approval. The schedule shall be updated at a miniumum of every four weeks and submitted to the City Engineer or his designee, or other intervals as necessary upon completion or adjustment of specific project milestones. The Design Engineer has included estimated allotments for review time by other governing agencies; these variable review times are outside the limits of control of the Design Engineer and will impact the overall schedule. g. Surveying: The Design Engineer shall provide a topographic survey of the project limits as necessary to develop exhibits for the Project Development Report. As the development of the Project Development Report progresses, supplemental data will be obtained as necessary. h. Construction Estimate: The Design Engineer shall prepare an estimate reflecting the work the City desires to have completed under this project. The format of the estimate will conform to IDOT and FHWA requirements for Project Development Reports. h. Agency coordination: The Design Engineer shall schedule meetings with the City and any other interested agency, periodically throughout the development of the Project Development Report, or as otherwise requested by the City. In accordance with the requirements associated with preparing a Project Development Report, the Design Engineer will attend all necessary meetings with IDOT and FHWA representatives. The Design Engineer shall not prepare any permit applications for the project; the final approved Project Development Report will only identify the permits that are to be acquired during the Final Design Engineering. The Design Engineer shall coordinate with all public utility companies for any potential relocations /delays. Public Coordination: The Design Engineer shall perform one public information meeting as required by IDOT and the FHWA to facilitate approval of the Project Development Report. BIDDING (N /A — No construction documents will be prepared in association with this contract, therefore no bidding services are required). 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IMPS .. ; E _ ;• ! |!§ § | §u���!! § !B \wI !!!!!!! xxxo {!!!!§ ;§ ;!l ;; ;E!■!) !!!!!!!!!!!! \ Q! §\ \ 9 !!!!!!! u9i22 :!!!, .REPORT TO MAYOR & MEMBERS OF CITY COUNCIL AGENDA ITEM: E MEETING DATE: May 9, 2012 f! Iii . ► ELGIN THE CITY IN THE SUBURBS- ITEM: Agreement with Engineering Enterprises, Inc. for Phase I Engineering Services on the Chicago Street Rehabilitation Project ($233,600) OBJECTIVE: Improve, maintain and enhance the pavement infrastructure of Chicago Street between Center Street and Liberty Street. RECOMMENDATION: Approve Engineering Services Agreement with Engineering Enterprises, Inc. to provide prelimi- nary (Phase I) engineering services for a fee of $233,600. BACKGROUND Engineering Enterprises, Inc. (EEI) applied, on behalf of the city, for Surface Tranportation Pro- gram (STP) funding to the Kane /Kendall Council of Mayors ( KKCOM) to rehabilitate the pave- ment of Chicago Street between Center Street and Liberty Street. A map showing the limits of the proposed improvement is attached as Exhibit A. KKCOM has not yet programmed this pro- ject in its STP, however, KCCOM staff indicated a preference for issuing STP funding awards to the municipalities that have completed and paid for phase one (preliminary engineering) with- out STP funds. The STP funds would potentially be awarded in 2013. The project will improve approximately 0.7 miles of major arterial to upgrade the riding surface, provide bike lanes and improve safety for the adjacent residential neighborhoods. The prelimi- nary engineering will assist the city to obtain transportation funding, develop construction es- timates to allow staff future budget requests, design combined sewer separations and evaluate amenities. It is important to note that federal funding will only assist the city for transportation improvements. Lighting, landscaping, sewer separation, signal or sidewalk work will have to be funded by the city. A copy of EEI's engineering services agreement is attached as Exhibit B. OPERATIONAL ANALYSIS The attached agreement will provide the preliminary engineering effort necessary to apply for transportation funding, determine necessary city budgets and to decide on the product the city desires. A well designed project will eventually lead to a construction project that will help re- duce the maintenance effort required of public works such as pot hole patching, restriping, re- pair of damaged sidewalks and curbs and related issues for years to come. The STP projects have historically improved the image of the city's arterials and significant corridors. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The agreement for preliminary (Phase 1) engineering services will total $233,600. The cost of final (Phase 11) engineering and construction (Phase III) costs will be determined by this Phase I project. STP funding normally requires a match of funds by the municipality. Therefore, should transportation funding be received for phase II and phase III of the Chicago Street Rehabilita- tion project a funding source will need to be identified in an amount equal to the required match. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT BUDGETED AMOUNT AVAILABLE Riverboat 275- 0000 - 791.93 -80 340046 $250,000 $250,000 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance which requires approval by two - thirds of the members of the city council. ALTERNATIVES The city council may choose not to authorize the agreement with Engineering Enterprises, Inc., however, the city would not be in a position to seek outside funding. NEXT STEPS 1. Execute the agreeement. 2. Prepare purchase order encumbering funds to Engineering Enterprises, Inc. 3. Initiate the preliminary engineering. .,. 2 Originators: Joseph Evers, P.E., City Engineer Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel /Chief Development Officer Richard G. Kozal, Assistant City Manager /Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Location Map B. Amendment Agreement s CHICAGO STREET REHABILITATION PROJECT LOCATION MAP to 1 Q�p pa m 2 o M z o o o H OOmm m 0 mq X Z pa W L" z 2 N Z III Ti I L7 LL" ON p. .4 Zlm L=L 2 m m "< \11 11 ly 'EFul ED, W-Ruil A r� PA 7"T71f Z�Ef J1 rp i T n Ed 'Al l� T! M I -- ij --alft L U rf Ll n. 1LI R!=j-7 JF-- IJ� i F-21J, - C-4 36' C, 0 :2T 4=1 IT Z -T:111' m 311-l"'T 7t 77- Mme. CHICAGO STREET REHABILITATION PROJECT ENGINEERING ENTERPRISES AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2012, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY ') and Engineering Enterprises, Inc.(hereinafter referred to as "ENGINEER'). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Phase I Engineering Study for the Chicago Street Rehabilitation 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 famish 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, conditions and stipulations, to -wit: 1. SCOPE OF SERVICES 2. A. All work hereunder shall be performed under the direction ofthe City Engineer of the CITY, herein after referred to as the "DIRECTOR". B. A detailed Scope of Services is attached hereto as Attachment A. A. An outline project milestone schedule has been estimated and is provided hereinunder; the key milestones are included in the developed project schedule referenced in item 2.13. 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. Chicago suet Phase I rH PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the hourly rate for the classifications of personnel who perform work on this PROJECT, with the total fee not to exceed $ 233,600 as estimated in Attachment C regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope ofthe work are authorized in writing by the DIRECTOR. The attached Attachment C is based on the latest schedule of standard charges; modifications to the annual standard of charges shall be permitted, however any such changes will not increase the hourly - not- to- exceed total for the contract. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 0%. Any such fees for outside services shall be included in the total fee not to exceed. C. All estimated subcontractor fees are included in the Not To Exceed total. The total shall include the items as required to prepare a final Project Development Report (PDR) in accordance with the Illinois Department of Transportation Requirements. The report will be utilized to define the requirements of the Final Design Engineering, but will not include Final Design Engineering Services. 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. Due to the nature of the work to be performed, review timelines, the estimated values below may require carry over to future months to account for variability in monthly charges incurred. Est. Invoice Date % Complete Value March 1, 2012 6% $ 11,680 April 1, 2012 25% $ 46,720 May 1, 2012 35 % $ 23,360 June 1, 2012 45% $ 23,360 July 1, 2012 55% $ 23,360 August 1, 2012 60% $ 11,680 September 1, 2012 65% $ 11,680 October 1, 2012 70% $ 11,680 November 1, 2012 75% $ 11,680 December 1, 2012 80% $ 11,680 January 1, 2013 85% $ 11,660 February 1, 2013 90% $ 11,680 March 1, 2013 92% $ 4,672 April 1, 2013 94% $ 4,672 May 1, 2013 96% $ 4,672 June 1, 2013 98% $ 4,672 July 1, 2013 100% $ 4,672 Chicago Sheet Phase 1 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.A. 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. Chicago Sheet Phase I 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. 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 Chicago Street Phase I 13. Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (3 0) days prior written notice to the DIRECTOR. 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, ofthe 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 otherprovisions ofthis 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 bad 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. Chicago Street Phase[ 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 mariner 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 CITTs 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: Chicago str"t Phase 1 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 512 -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: JOSEPH EVERS, P.E. City Engineer 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 Chicago street Phase 1 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 ofthe 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: By City Manager Attest: City Clerk FOR THE ENGINEER: By % 0 • Vice President Att st: Adm 's •ative.ssistant chimp Street Phase I Attachment A PHASE I ENGINEERING SERVICES FOR THE PREPARATION OF A PROJECT DEVELOPMENT REPORT 1. OVERALL 1. General: The Phase I Engineer (hereinafter referred to as Design Engineer) will serve as the City of Elgin's representative for the entire design and administration of the planning for the project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Design Engineer shall include implementation of City policies, program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the Project Development Report in accordance with the City's objectives of cost, time and quality and in accordance with the Illinois Department of Transportations requirements. The Design Engineer will work closely with and report to the City Engineer or his designee. It shall be understood that the Design Engineer will act as a representative of the City Engineer on this project and shall coordinate with other City entities such as the Legal Department, City Clerk, Purchasing Director, Water Director, Sewer Director and Street Director. The Design Engineer shall be responsible for acting as a representative of the City Engineer on this project in regards to Federal, State and County issues as well. 2. Law: The Design Engineer is expected to understand all State, County and City Laws governing the implementation of his planning document. 2. PROJECT DEVELOPMENT REPORT Preliminary Design: a. Proiect Location: This project is along Chicago Street, from Center Street to Liberty Street in the City of Elgin, IL. b. Project Kickoff: • Establish lines of communication. • Present a work plan for the project including schedule milestones, design criteria and a list of information needed from the City to begin design. • Acquire existing information from the City including previous reports, plans of recent development and relevant site information Collect water, sanitary and storm atlases from the City Chicago Street Phase I Interview and document same, the Sewer, Water and Street Departments for their knowledge of issues within the project location. Collect and analyze public utility records and notify utility of pending project. Kick -off Meeting at the District One Office of the Illinois Department of Transportation c. Inspection ofProiect Location: The Design Engineer shall provide general site inspection of the project area and to collect topographic survey data as discussed in 2.I.g. d. Additional Work Items (Phase I Work Items): The Design Engineer shall also perform the following tasks; • Geotechnical Investigations • Traffic Counts • PESA • Wetland Delineation • Tree Inventory • Alternate Design Studies • Capacity Analysis • Crash Analysis • Drainage Technical Memorandum • Traffic Staging Review • Estimates of Construction Cost • Final Preparation of Project Development Report (PDR) • Attendance at IDOT and FHWA Project Meetings • Attendance at one Public Meeting • Revisions to PDR (Address IDOT, FHWA and City Commentary) • Facilitation of PDR Approval e. Scope of Work Refinement: Based upon the collection of the above information, the Design Engineer shall refine the scope of work, including an estimate of cost, and obtain approval from the City. f Documents: The final deliverable resulting from this Contract will be a Project Development Report that will detail the requirements of the Final Design Engineering; no Construction Documents will be prepared; those shall be developed under future Contract, upon final agreement of project scope subsequent to PDR approval. Chicago street Phase I e. Scheduling: For this agreement, the Design Engineer has developed an estimated schedule for steps from execution of this agreement to estimated PDR approval. The schedule shall be updated at a miniumum of every four weeks and submitted to the City Engineer or his designee, or other intervals as necessary upon completion or adjustment of specific project milestones. The Design Engineer has included estimated allotments for review time by other governing agencies; these variable review times are outside the limits of control of the Design Engineer and will impact the overall schedule. g. Surveving: The Design Engineer shall provide a topographic survey of the project limits as necessary to develop exhibits for the Project Development Report. As the development of the Project Development Report progresses, supplemental data will be obtained as necessary. h. Construction Estimate: The Design Engineer shall prepare an estimate reflecting the work the City desires to have completed under this project. The format of the estimate will conform to IDOT and FHWA requirements for Project Development Reports. h. Agency coordination: The Design Engineer shall schedule meetings with the City and any other interested agency, periodically throughout the development of the Project Development Report, or as otherwise requested by the City. In accordance with the requirements associated with preparing a Project Development Report, the Design Engineer will attend all necessary meetings with MOT and FHWA representatives. The Design Engineer shall not prepare any permit applications for the project; the final approved Project Development Report will only identify the permits that are to be acquired during the Final Design Engineering. The Design Engineer shall coordinate with all public utility companies for any potential relocations /delays. Public Coordination: The Design Engineer shall perform one public information meeting as required by IDOT and the FHWA to facilitate approval of the Project Development Report. 3. 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