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HomeMy WebLinkAbout24-67 Resolution No. 24-67 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE LED RE-LIGHTING OF CITY OWNED ATHLETIC FIELD LIGHTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY.OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Richard G. Kozal, 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 Christopher B. Burke Engineering, Ltd., for professional services in connection with the LED re- lighting of city owned athletic field lights, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2024 Adopted: March 6, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT("Agreement")is made and entered into this 6th day of March , 2024,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as "CITY") and Christopher B. Burke Engineering, Ltd. (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with LED re-lighting of City owned athletic field lights (hereinafter referred to as the"PROJECT");and WHEREAS, the CONSULTANT 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 CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein,subject to the following terms and conditions and stipulations,to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Parks and Facilities Superintendent of the CITY, herein after referred to as the "SUPERINTENDENT'. B. 1. Field inventory and data collection. 2. Audit of inventory. 3. Lighting specification and recommendations. 4. Provide a cost estimate considering all possible Corned and other incentives. 5. Permitting and Corned incentives assistance. 6. Construction administration and assistance C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. 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 B below. B. The CONSULTANT will submit to the SUPERINTENDENT monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCT .\ll work product prepared by the CONSULTANT 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 SUPERINTENDENT; provided, however, that the CONSULTANT may retain copies of such work product for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right,title and interest,including but not limited to any copyright interest, by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants 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 CONSULTANT. 4. PAYMENTS TO THE CONSULTANT(Lump Sum Method) A. The CITY shall reimburse the CONSULTANT for services under this Agreement a lump sum of One Hundred Thirty Seven Thousand Seven Hundred and Forty Dollars ($137,740.00) regardless of actual Costs incurred by the CONSULTANT unless substantial modifications to the PROJECT are authorized in writing by the SUPERINTENDENT. B. For outside services provided by other firms or subcontractors,the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT. The costs for any such outside services are included within the total not to exceed amount provided for in paragraph 4A above. C. Reimbursable expenses shall include postage, printing of drawings, and mileage reimbursement. The costs of any such reimbursable expenses are not included within the total lump sum amount provided for in paragraph 4.A above and shall be invoiced separately by the CONSULTANT at CONSULTANT's direct cost. Mileage reimbursement will be at current IRS rates.The total costs of any such reimbursable expenses shall not exceed the total amount of One Thousand Dollars ($1,000.00), regardless of the actual costs incurred by the CONSULTANT. D. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty(30)days after receipt and approval of invoice. Said periodic payments to the CONSULTANT 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 SUPERINTENDENT. Phase %of Fee -2- Construction Document Phase—Data, Audit, Specs 51% Bidding/Permit Phase—Cost estimate, Permitting 10% Construction Assistance 39% 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports(2B above)will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one(1)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 CONSULTANT. In the event that this Agreement is so terminated,the CONSULTANT 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 CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT'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 this Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the SUPERINTENDENT relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the SUPERINTENDENT shall proceed without interruption. -3 - 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 CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT 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 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONSULTANT 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 The CONSULTANT agrees,to the fullest extent permitted by law,to indemnify and hold harmless The City,its past,present and future Commissioners,agents,officials,department heads, and employees, (hereinafter collectively referred to as "Indemnitees") from and against all liability, judgments, or other liabilities including costs, reasonable fees and expenses of defense recoverable under applicable law incurred by Indemnitees to a third party arising from any loss, damage, injury, death, or loss or damage to property, of whatsoever kind or nature to such third party, to the extent caused by CONSULTANT's negligent acts,errors or omissions in the performance of the services under this Agreement and those of its agents, employees or consultants. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify and hold harmless,such action shall be defended by legal counsel of the CITY's choosing. Indemnitees do not waive their defenses or immunities under the Local Government and Governmental Employees Tort Immunity Act(745 ILCS 10/1 et seq.)by reason of this indemnification provision. Indemnification shall survive the termination of this Contract. 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. -4- 12. INSURANCE CONSULTANT shall provide,maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. 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 CONSULTANT shall deliver to the SUPERINTENDENT a Certificate 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 SUPERINTENDENT. The Certificate of Insurance shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled"Indemnification". This insurance shall be primary and non-contributory 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. B. Comprehensive Automobile Liability. (.umprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for bodii injury and/or property damage. 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 CONSULTANT shall carry CONSULTANT's 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 claim. A Certificate of Insurance shall be submitted to the SUPERINTENDENT as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30)days prior written notice to the SUPERINTENDENT. 13. CONSTRUCTION MEANS.METHODS.TECHNIOUES,SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT 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. - 5 - 14. NONDISCRIMINATION/AFFIRMATIVE ACTION The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. Consultant shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. Consultant shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. Consultant agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976,as amended, is hereby incorporated by reference,as if set out verbatim. 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 race, color, religion, sex, national origin,age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph 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 CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT 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. -6- 18. SEVERABILITY The parties intend and agree 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 constitute 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 CONSULTANT may not issue any news releases without prior approval from the SUPERINTENDENT, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the SUPERINTENDENT prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT 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. -7- 25. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT 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 CONSULTANT to the Department of Human Rights upon request(775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement. CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the SUPERINTENDENT and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The SUPERINTENDENT may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 28. 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 the CITY: -8- _Greg Hulke Parks and Facilities Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: John Caruso Christopher B. Burke Engineering, Ltd. 9575 W. Higgins Road, Suite 600 Rosemont, IL 60018 29. 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 CONSULTANT 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, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. CONSULTANT 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 CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically,and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. - 9- IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. CIT F .(i : 13). Richard (i. K zal, City Manager Atte t: City Clerk CONSULTANT: CHRISTOPHER B. BURKE ENGINEERING,Ltd. By: 4/1/ Name/Print: Michael Kerr Title: President Legal Dept\Agreement\Christopher Burke Agr-Athktic Field LED ReLighting-Clean-2-22-24-V2.docx - 10- ATTACHMENT A SCOPE OF SERVICES Task I -Field Inventory/Data Collection: CBBEL will meet with the City and Park District representatives and ascertain it-there are existing plans for each of the lighting systems. Based on the existing plans,CBBEL will verify existing conditions at each site and verify the number of light standards and associated luminaires at each site. Task 2-Audit of Inventory: Once inventoried,CBBEL will verify existing mounting heights of all fixtures,number of watts produced by each luminaire and the correct lumen packages for each fixture type. The existing watts produced by the individual fixtures will be used to determine the total amount of watts reduced when applying for the ComEd incentive program. Task 3 - Lighting Specifications and Recommendations: Based on the data collected in Task 1,CBBEL will perform lighting photometric calculations for each field,court,aquatic center, bike tracks and golf facility. Once the calculations have been performed,CBBEL will prepare a Preliminary Design Memo which will outline the proposed lights to be utilized for each facility and prepare preliminary estimates of cost for City and Park District approval. Once the City, Park District and CBBEL agree to the proposed scope of work, CBBEL will prepare final plans, contract documents and specifications for bidding the project. Task 4-Cost Estimate: Based on the information and data collected,and preliminary and final designs, CBBEL will provide cost estimates for each facility at each site to aid the City in preparing a capital improvement plan to construct each required phase of the project. Based on the cost estimate and City budget,a phasing plan will be prepared to meet the City's budget and t i meline. Task 5-Permitting: CBBEL does not anticipate any IDOT or KCDOT permitting will be required as part of the lighting and recommendations tasks. CBBEL will submit plans and specifications to the City's Building Department for review and approval prior to bidding the project. Task 6-Construction Assistance: Under this task CBBEL will provide the preparation of a Notice of Award,a Notice to Proceed and coordinate a preconstruction conference with all parties involved. We will review contractor's payment applications and prepare change orders for the Village's approval,and coordinate and process paperwork and forms required by the Village. CBBEL will review Contractor's construction schedule and sequence(s); listing of materials and equipment submittals; general correspondence procedures; site access; staging areas required;traffic control; subcontractors; and submittals for payment. Shop drawing review procedures will be discussed during the preconstruction conference and in particular,the Contractor will be advised that material and equipment is not to be installed prior to completion of the shop drawing review process. CBBEL estimates this project will take approximately 26 weeks to complete. Under this task CBBEL will provide a part-time Resident Engineer(RE) 12 hours/week for 26 weeks for all the work to be performed. The RE will perform the following duties: • Log all Contractor data received and maintain a logbook of shop drawings and submissions so as to track the status of submittals. • Review Contractor's submittals for compliance with the intent of the Contract Documents. • Prepare shop drawing review correspondence providing Contractor with our review comments and if submittals comply with intent of Contract Documents. • Notify the Village of deficiencies,deviations of substitutions. With the notification,provide the Village with an opinion for acceptance or denial,and request direction from the Village regarding the deviation or substitution. • Advise the Village when disapprovals may be necessary due to failing to conform to the Contract Documents. • Provide office support to the Resident Engineer related to interpretation of Contract Documents. • Maintain office files of project correspondence. • When present on site,observe the progress and quality of the executed work and determine if the work is proceeding in accordance with the Contract Documents. The Resident Engineer will keep the Village informed of the progress of the work. • Serve as the Village's liaison with the Contractor working principally through the Contractor's field superintendent. •Attend construction conferences. Maintain and circulate copies of meeting notes. • Provide clarification(s)related to the intent of the Contract Documents. • Review the Contractor's schedule at construction conferences and compare actual progress of work to Contractor's proposed construction schedule. •Review Contractor's procedure for maintaining record drawings and field changes which may occur during the course of work. • Maintain orderly files for correspondence,reports of job conferences, shop drawings and other submissions,reproductions or original Contract Documents including all addenda,change order and additional drawings issued subsequent to the award of the contract. • Record the names,addresses and phone numbers of all contractors, subcontractors and major material suppliers in a field diary. • For days in which the RE is present on site,keep a daily report book,which shall contain a daily report and quantity of hours on the job site,weather conditions, list of visiting officials, daily activities,job decisions and observations as well as general and specific observations and job progress. • Prior to final walk through. submit to the Contractor a list of observed items(punch list) requiring correction. - 12 - • Verify that punch list items have been addressed and corrections have been made. • Coordinate and conduct the final walk through with the Village, prepare a final punch list(if required). • Verify that all the items on the final punch list have been corrected and make recommendations to the Village concerning acceptance of the project. • Except upon written instructions of the Village,the Resident Engineer shall not authorize any deviation from the Contract Documents. • Determine if the project has been completed in accordance with the Contract Documents and that the Contractor has fulfilled all of their obligations. - 13 - ATTACHMENT B PROJECT SCHEDULE CONSTRUCTION SCHEDULE Kickoff Meeting March 19, 2024 Field Inventory April 1—30, 2024 Progress Meeting May 7, 2024 Lighting Specs and Recommendations May 13—July 12, 2024 Progress Meeting June 30, 2024 Cost Estimate July 19, 2024 Progress Meeting July 30, 2024 Permitting August 9, 2024 Advertisement for Bid September 9, 2024 Bids Due October 1, 2024 Award Construction Contract October 18, 2024 Construction TBD based on number of fields awarded per year