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HomeMy WebLinkAbout95-35 Resolution No. 95-35 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RUST ENVIRONMENT & INFRASTRUCTURE, INC. FOR THE DOUGLAS AVENUE IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Rust Environment & Infrastructure, Inc. for the preparation of plans , specifications and cost estimates and the provision of construction engineering and inspection services for the improvements to Douglas Avenue between Highland Avenue and Kimball Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22 , 1995 Adopted: February 22 , 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, is made and entered into this day of February, 1995, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and Rust Environment & Infrastructure, Inc. (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with improvements to Douglas Avenue between Highland Avenue and Kimball Street-STO6 (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, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I . SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR" . B. In general the ENGINEER' S work shall include but may not be limited to the following major categories of engineering activities : DESIGN SERVICES . Gather existing topographic information . Utility coordination . Preparation of final plans and specifications BIDDING SERVICES . Prepare bid documents and final quantities . Prepare actual estimate of probable cost . Review final plans and specifications with City Staff -2- . Assist City with bidding . Review bid results and provide recommendations to the City CONSTRUCTION SERVICES . Assist City with preparation of contracts for award . Schedule and coordinate preconstruction meeting . Review contractors work schedule . Conduct weekly meetings . Review construction documentation including payment requests and shop drawings . Provide a final inspection of completed work . Prepare record drawings . Provide full time construction observation with documentation while contractor is present on the job site C. A detailed Scope of Services is attached hereto as Attachment A. II . PROGRESS REPORTS A. An outline project milestone schedule is provided herein under: . Notice to Proceed 3/01/95 . Complete Design Services 3/24/95 . Advertise for Bid 4/03/95 . Open Bids 5/02/95 . Recommendation for Award 5/24/95 . Begin Construction 6/05/95 . Complete Construction 7/28/95 B. The Engineer will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues . III . 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 -3- shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be reimbursed at the rate of 2 . 5294 times the direct hourly rate of personnel employed on this PROJECT, with the total fee, inclusive of in-house direct costs and profit not to exceed Twenty-five thousand six hundred ninety-five 88/00 ($ 25,695 . 88) dollars regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized by CITY through a change order or amendment. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. C. A detailed hourly analysis and fee breakdown is attached hereto as Attachment B. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports ( IIB 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. VI. 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 IV above. VII. TERM This Agreement shall become effective as of the date -4- the ENGINEER is given a written Notice to Proceed following approval of CITY' S corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR 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 breach hereof by the ENGINEER. VIII. 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. IX. 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. X. INDEMNIFICATION The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including but not limited to Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including but not limited to negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services . XI . NO PERSONAL LIABILITY No official, director, officer, agent or employee of the -5- 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. XII. 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 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 DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of 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 Engineer' 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 . 00 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. XIII . CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of -6- 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. XIV. 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. XV. 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. XVI . 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. 1 -7- XVII . NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever or to constitute an employment relationship between the parties hereto. . XVIII . 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. XIX. 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 . XX. 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. XXI . 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. -8- XXII . 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. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with anyother P consultants in the CITY' s employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXV. 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 (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257 . -9- XXVI. 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. XXVII . 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: JAMES L. KRISTIANSEN Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DAVID HESLINGA, P.E. Project Manager Rust Environmental & Infrastructures, Inc. 111 North Canal Street, Suite 305 Chicago, IL 60506 • -10- IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By31CIA4- By � . \W Dolonna Mecum Richard B. Helwig City Clerk City Manager (SEAL) For the ENGINEER: Dated this 14,4-- day of Fe6C1,u,0.ry , A.D. , 1995 . ATTEST: 12U57 E n.rt-�r�r�►..� Zn�oS�fvJc ��^c• S tary Un L= — President ' • ICIAL SEAL " LAURA L. HART NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 12/3/96 s Elm Agenda Item No . IlL February 1, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Engineering Agreement for the Douglas Avenue Improvements (ST06 ) PURPOSE This memorandum will provide the Mayor and members of the City Council with information to consider entering into an Agreement with Rust Environmental & Infrastructures, Inc . (Rust) , for the preparation of plans, specifications , estimates and construction engineering and inspection services for the improvements to Douglas Avenue between Highland Avenue and Kimball Street . BACKGROUND The Douglas Avenue Improvements will generally consist of the restoration of two-way traffic on Douglas Avenue between Highland Avenue and Kimball Street . Additionally, concrete curb and gutter, sidewalk and drive approach repairs will be completed and the pavement will be resurfaced with 3 inches of new asphalt . The traffic signals at Dexter Street have been determined to be unwarranted given current and projected traffic flow. These signals will be removed by Public Works personnel prior to any construction activity. The existing, traffic signals at Kimball Street will be replaced with temporary signals and will accommodate the two-way traffic conversion. The improvements will be designed to account for future streetscape work and the improvements associated with the new police facility. Rust Environmental and Infrastructure are the civil engineers , who worked as a subconsultant with Johnson, Johnson and Roy (JJR) , in the development of streetscape designs within the Ciyic Cultural District. The area encompassed by the streetscape design includes Douglas Avenue between Highland Avenue and Kimball Street . Rust also has prepared the design related to converting Douglas Ave. to two-way traffic . . Mayor and Members of the City Council February 1, 1995 Page 2 The proposed Agreement for engineering services with Rust is in the not-to-exceed amount of $25,695 . 88 . The budget estimate for final engineering and construction engineering and inspection services was $ 40,000 . 00 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The Agreement proposed is in the amount not-to-exceed $25,695 . 88 . An amount of $ 375,000 has been included in the 1995 budget for this project, inclusive of construction and construction related engineering services . LEGAL IMPACT None. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute an Agreement with Rust Environmental and Infrastructures, Inc . , 111 North Canal Street, Chicago, Illinois, in the not-to-exceed amount of $25,695 . 88 for the preparation of plans, specifications , cost estimates, and to provide construction engineering and inspection services for the improvements to Douglas Avenue between Highland Avenue and Kimball Street. espectfully /subm' to , James L. Kristiansen Public Works Director Richard B. Heiwig City Manager DL/do Attachment