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HomeMy WebLinkAbout13-6 Resolution No. 13-6 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HOMER L. CHASTAIN & ASSOCIATES, LLP FOR ENGINEERING SERVICES (2013 Hammond Cookane Neighborhood Street Rehabilitation Project) 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 on behalf of the City of Elgin with Homer L. Chastain & Associates, LLP for engineering services in connection with the 2013 Hammond Cookane Neighborhood 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: January 23, 2013 Adopted: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 23 day of January , 2013,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Homer L. Chastain & Associates, LLP (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 2013 Hammond Cookane Neighborhood 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 and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES 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. The services to be provided by the ENGINEER include: • Providing site inspection and inventory of City facilities • Provide site survey for design and plan development • Provide pavement cores and geotechnical investigations • Inspect, clean and televise sewers • Prepare construction documents (following City format) • Submit IEPA, IDOT and other permits as required • Provide bid phase support efforts including pre-bid meeting attendance, addressing bidder questions, assist City in preparation of contract documents • Provide weekly project updates • Develop alternative HMA pavement design for bid alternates • Provide Web Site hosting for various construction projects C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule.A brief narrative will be provided identifying progress,findings and outstanding issues. 3. WORK PRODUCTS All work 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 rate of 2.65 times the direct hourly rate of personnel employed on this PROJECT,with the total fee not to exceed $194,600 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 ENGINEER the invoiced fee to the ENGINEER. C. Reimbursement for field vehicles, CADD computer services, survey consumables and printing services are included in the not-to-exceed amount. 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. E. A summary of expected tasks, labor efforts, fees and direct costs is attached as Attachment C. 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. - 2 - 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. - 3 - 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 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 - 4 - 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. - 5 - 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. - 6 - 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: David L. Lawry, P.E. Homer L. Chastain & Associates, LLP 127 N Wyman Street Rockford, IL 61101 28. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including,but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENG ER: By By CiV Manager Aaes City Clerk F:\Public_Works\Engineering\Capital Projects\2013 Street Rehab and Resurfacing\Hammond Cookane\Engineering Agreemeri lower Chastain- Engineering Services Agreement Final January 9 2013.doc - 7 - ATTACHMENT A DESIGN, ADMINISTRATION & PLANNING ENGINEERING ACTIVITIES 1. OVERALL. 1. General: The Desgin 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' overall"management control and direction to insure completion of the bidding and planning documents in accordance with the City's objectives of cost,time and quality. 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 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 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 bidding and planning documents. 2. DESIGN 1. Preliminary Design: a. Project Location: Exhibit 1 establishes the streets and/or areas to be includes in the Design Engineer's bidding and planning documents. b. Project Kickoff- Establish lines of communication. Present a work plan for the project including schedule milestones, design criteria, list of information needed to begin design. Acquire existing information including previous reports plans of recent development and relevant site information Collect water, sanitary and storm atlases 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. Page 2 c. Inspection of project Location: . The-Design Engineer shall provide site.inspection of the entire area as well as immediately adjacent area. The following shad be included; Televising of all sanitary and 1,500 feet of storm sewers: . Physical inspection of all manholes,valve vaults, catchbasins,inlets, electrical vaults: Video recording of existing improvements within and adjacent to the project location: Also,private property as it abuts the project: Complete geotechnical.investigations where deem necessary by the Design Engineer.-.(Anticipate.40 pavement cores and 9 borings for water main wo=k). . Signage inventory. Pavement marking inventory Trees.inventory, Lighting inventory, Video Inspection of entire project. a. 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. The Design Engineer shall include alternatives sufficient to insure the base bid will be below the total budget(when considering testing,publications, inspections and other typical costs found in construction projects). The following im vements are,antici ated: . . Provide recommendations for type and extent of pavement rehabilitation . 100%of curb and gutter, sidewalk and aprons will be replaced Provide alternate HMA mix designs 24 point repairs to sanitary sewer Include application of pavement rejuvenator in spring of following year 100%water main replacement e. .Construction Documents:.. . Design Engineer will complete plan sheets as necessary, construction estimates, construction specifications,bid and contract documents utilizing a City format. Any alterations or additions to the City format shall be._highlighted and fully explained to the City Engineer or his representative. Plan sheets shall be provided for all underground work including water main, storm sewer and sanitary improvements. e. Scheduling: For this agreement, the.Design Engineer shall develop a schedule for all steps from.execution of this.agreement to contract award. The schedule shall be updated at a miniumum of every two weeks and submitted to the City Engineer or his designee. Page 3 f. Surveying: The Design Engineer shall provide a topographic survey of the portions of the project that require water,.storm and/or sanitary sewer construction or replacement. The survey shall also pick-up existing underground improvements that the City is not improving if the City does not have as constructed drawing for same. Base plan sheets will be developed from this survey at a scale of 1"=50'. g. Construction Estimate: . . The Design Engineer shall prepare several estimates related to the work the City desires to have completed under this project. Separate estimates are required for each.of the utilities and:separate locations should the project include multiple locations. In addition,the Design Engineer shall set the project . estimates up to allow for alternates to insure.a project maybe bid and awarded as close to the budget as possible. h. Agency coordination: At a minimum, the Design Engineer shall schedule meetings with the City and any other interested agency, at about the midway point in their plan.and specification development to insure they are meeting the expectations of the City. A second meeting shall be held with the City at approximately 95%completion to finalize the bid, specifications and planning documents. The Design Engineer shall prepare any and all necessary permits and documents required by the Illinois Environmental Protection Agency, Illinois Department of Transportation, or any other governmental agency that has a regulatory interest in the project. The Design Engineer shall coordinate with all public utility companies including verification of the soundness of their structures and any potential relocations/delays. i. Oaen House: The Design Engineer shall locate, schedule and hold an open house for the properties abuting the project location. The Design Engineer shall hand deliver or U.S. Mail to each abutting property a notice of this open house a minimum of seven calendar days in advance. 3. BIDDING 1. Prepare bid forms,notices and addendum as necessary for bidders. 2. Coordinate with the local newspaper to insure the notice is published 10 days in advance of the bid opening. 3. Provide(25) sets of drawings and specifications to be issued by the City to prospective bidders. Page 4 4. Attend pre-bid meeting with prospective bidders to provide.clarification for issues and concerns from bidders. The Engineer-will also distribute minutes from pre- bid meeting to the City and all meeting attendees with written answers to concerns/questions from the meeting. 5. The selected Engineer will receive bidder questions and requests for clarification. Based on these questions and requests,the selected Engineer will prepare addenda as necessary to respond to the questions presented. Addenda will be issued to the City for distribution to the bidders. 6. Attend the bid opening and evaluate the bids and bidders to determine if the bids were-submitted in accordance with the contract documents and if the bidders are qualified to perform the work. Following this review; a recommendation will be presented to the City for award of the'construction contracts.. 7. Prepare.tabulation of bids for distribution to City agencies-and interested bidders. 8. Assist the City in the preparation of six(6)copies of final contracts for execution by the successful bidder and the City. 4. SPECIAL SERVICES. 1. WEB Page Hosting: a. Web Site Design and Setup Effort covers development of construction project web site to track schedules, contacts, anticipated and completed work and otherproject related documentation for public viewing. b. Project Documentation and Updates Establish lines of communication and documentation requirements for all city contractors involved engineering projects, collect data and input data on weekly schedule. I Page 5 Exhibit 1 2013 Neighborhood Street Rehabilitation - Hammond Cookane I ED a .......... -11-- 1 77 . Attachment B City of Elgin 2013 Hammond/Cookane Neighborhood Street Rehabilitation Project Project Schedule Milestones 2112 2013 Project Negotiation Notice to Proceed 14th 00000 City Coordination �000000� Community Outreach 0E==E::=00� Field Efforts • Field Inspection—Surface 0E=I= � • Field Inspection—Underground • Topo Survey E=)= �0 • Base File Preparation 0E=)=00000� Project Design • Preliminary Plans(30%) E=I=M= • Project Review EIE= 0 • Design Plans(90%) E�EN= • Project Review 000E000� • Final Plans 000 �00� • Bid Phase Project Construction Construction Begins July 8th 2013