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HomeMy WebLinkAboutUntitled (2) to of Resolution No. 09-126 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR RESURFACING OF BIG TIMBER ROAD FROM MCLEAN BOULEVARD TO RANDALL ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an engineering services agreement with Engineering Enterprises, Inc. for the resurfacing of Big Timber Road from McLean Boulevard to Randall Road, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 27, 2009 Adopted: May 27, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk � f ! .40 t AGREEMENT THIS AGREEMENT is hereby made and entered into this 13th day of May, 2009,by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as "CITY") and Engineering Enterprises, Inc., an Illinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the CITY's Federal Aid Big Timber Road(McLean Blvd. to Randall Rd.) Local Agency Pavement Preservation (LAPP) Improvements (hereinafter referred to as the "PROJECT"); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the CITY and ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent CITY in the engineering matters involved in the PROJECT as set forth herein, subject to the following terms, conditions and stipulations: I. 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 ENGINEER shall furnish professional engineering services following federal aid procedures including but not limited to a topographic survey of the project limits, examination of current conditions within the PROJECT limits,investigate soil or pavement conditions by borings, preparation of a preliminary PROJECT plan and cost estimate, review of that preliminary PROJECT plan with City staff, preparation of final design drawings and contract documents for the LAPP roadway improvements, processing of all required submittals to appropriate government agencies, evaluating bids received and preparing recommendation for contract award. C. A detailed Scope of Services is attached hereto and made a part hereof as Attachment t ' ,• -2 - II. PROGRESS REPORTS A. ENGINEER shall comply with the PROJECT milestone outline schedule described below. B. A detailed PROJECT schedule for the PROJECT is attached hereto and made a part hereof as Attachment "A", which PROJECT schedule shall be adhered to by ENGINEER, and which shall be of essence of this Agreement. Progress relative to the aforementioned PROJECT schedule shall be recorded and submitted on a monthly basis to CITY by ENGINEER as a component of the status report described in subsection C below. C. The ENGINEER will submit to the DIRECTOR a monthly 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 shall be at the sole risk of the CITY without liability to the ENGINEER. IV. 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 $ 52,728.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are made and amendments to the maximum payment provided for herein. The calculation of the not to exceed cost plus the Standard Schedule of Charges is of the essence of this Agreement, and is attached hereto and made a part hereof as Attachment"B." B. For outside services provided by other firms or sub-consultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such invoiced fees to ENGINEER shall be included with and construed as part of the above-referenced maximum payable amount. C. All costs are included in the not to exceed fee including direct costs. D. The CITY shall make periodic payments to the ENGINEER based upon actual ' - 3 - 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. PAYMENT NO. 1 - $12,876 Kick-Off Meeting with City, Introduction of Project Team Discuss Project Schedule with IDOT and Receive Section Numbers Complete Topographic Survey Obtain Terracon Phase II Cores/Boring Proposal Perform Field Visits/Lay Out Core Locations Terracon On Site to Perform Cores/Boring Work Preliminary Information Submittal to IDOT PAYMENT NO. 2 - $23,400 Prepare Plans& Specifications in Accordance with LAPP Guidelines Progress Meeting with City Obtain Terracon Phase III Testing Proposal Prepare Draft Phase III Engineering Agreement for City Staff Review Internal QC/QA of Plans & Specifications Submit Preliminary PS&E to City&IDOT(Bureau of Local Roads - Marilin Solomon)** 6 -Plans (11x17) 6- Specifications (Special Provisions,BDE Special Provisions, LR SP, Check Sheets, etc.) 2 -BDE 220A—Estimate of Time Required 2 -Estimate of Cost(with percentage by line item breakdown) 2 -BDE 213—Estimate of Cost(with prices) 2 -BDE 213—Estimate of Cost(without prices) Submit to CMAP and State Clearinghouse Additional Submittal to IDOT (Bureau of Local Roads -Temi Latinwo) Job Number Request Form Draft Phase III Engineering Agreement(BLR 05611) Draft Joint Agreement(BLR 05310) PAYMENT NO. 3 - $16,452 Receive Review Comments from City&IDOT Complete Revisions to Plans& Specifications Internal QC/QA of Plans& Specifications Final PS&E Submittal to IDOT (Bureau of Local Roads -Marilin Solomon) 1 -Plans(Full Size&Mylar) 2 -Plans(11x17) 4 - Specifications (Special Provisions,BDE Special Provisions, LR SP, Check Sheets, etc.) I -4 - 4-BDE 220A—Estimate of Time Required 4-BDE 213 —Estimate of Cost(with prices) 3 -BDE 213 —Estimate of Cost(without prices) 3 -Cost Breakdowns for the LSUM Items 1 -Dispositions of Comments IDOT's Original Markups V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports as provided for herein shall be included. 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; provided, however, that such payment shall not exceed the total fee maximum or task amounts set forth under Paragraph IV above. VII. 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 VI or IX, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed and accepted by CITY. 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. 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 - 5 - 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 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, attorney's 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 such 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 termination, completion or expiration of this agreement. XI. 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. 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 written in occurrence form 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 - 6 - modified or terminated without thirty(30) days prior written notice to the DIRECTOR. Such Certificate of Insurance shall include,but not be limited to, coverage for the obligations assumed by ENGINEER pursuant to Article X herein entitled "Indemnification". Such above-referenced 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 written in occurrence form 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 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 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. • - 7 - 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. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. 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, except to such extent as may be specifically provided for herein. 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 - 8 - 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. 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. 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 any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. 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. 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; - 9 - 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 must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. 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. 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 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. XXVIII. 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 L , - 10- B. As to ENGINEER: THOMAS W.TALSMA Vice President Engineering Enterprises,Inc 52 Wheeler Road Sugar Grove, Illinois 60554 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 ,Bymei._ \ , By .` 'l Q f:.* Ci Manager Co:`'osviuMt,„ to r 4r kat EP For the ' • ER: Dated this 21 day of April, A.D., 2009 ATTEST: By 40,,i 0 (A By d-rw 4 f/411144_/ Secr: Vice President (SEAL) ATTACHMENT A City of Elgin Big Timber Road LAPP Improvements(ARRA Funding) Project Scope and Tentative Schedule* March 2009 Scone of Services Work Item Prolected Dates Prepare Draft Phase II Engineering Agreement for City Staff Review 3/27/2009 Submit Phase II Engineering Agreement to City Council for Approval 3/31/2009 City Council Approves Phase II Engineering Agreement TBD Kick-Off Meeting with City,Introduction of Project Team 4/6/2009 Kick-Off Meeting at IDOT TBD Obtain Terracon Phase II Cores/Boring Proposal 4/6/2009 Perform Field Visits/Lay Out Core Locations 4/13/2009 Terracon On Site to Perform Cores/Boring Work 4/20/2009 Preliminary Information Submittal to IDOT(Bureau of Local Roads-Solomon/Latinwo) 4/20/2009 BLR 33410—Local Agency Pavement Preservation(LAPP)Approval Location Map Existing and Proposed Typical Sections Job Number Request Form LAPP Approval Form Prepare Abbreviated Plans&Specifications in Accordance with Revised LAPP Guidelines 4/13/09-5/8/09 Progress Meeting with City 5/1/09(Approx.) Internal QC/QA of Plans&Specifications 5/10/09-5/15/09 Submit Preliminary PS&E to City&IDOT(Bureau of Local Roads-Marilin Solomon)** 5/15/2009 6-Abbreviated Plan Sets(11x17) 6-Specifications(Special Provisions,BDE Special Provisions,LR SP,Check Sheets,etc.) 2-BDE 220A—Estimate of Time Required 2-Estimate of Cost(with percentage by line item breakdown) 2-BDE 213—Estimate of Cost(with prices) 2-BDE 213—Estimate of Cost(without prices) Obtain Terracon Phase III Testing Proposal 5/20/2009 Prepare Draft Phase Ill Engineering Agreement and Joint Agreement for State/City Review 5/29/2009 Submit to CMAP and State Clearinghouse 5/29/2009 Additional Submittal to IDOT(Bureau of Local Roads-Temi Latinwo) 6/5/2009 Draft Phase III Engineering Agreement(BLR 05611) Draft Joint Agreement(BLR 05310) Receive Review Comments from City&IDOT-ASSUMES 7 WEEK REVIEW TIME 7/3/2009 Complete Revisions to Plans&Specifications 7/6/09-7/10/09 Internal QC/QA of Plans&Specifications 7/10/09-7/17/09 Final PS&E Submittal to IDOT(Bureau of Local Roads-Medlin Solomon) 7/17/2009 1-Abbreviated Plan Set(Full Size&Mylar) 2-Abbreviated Plan Sets(11x17) 4-Specifications(Special Provisions,BDE Special Provisions,LR SP,Check Sheets,etc.) 4-BDE 220A—Estimate of Time Required 4-BDE 213—Estimate of Cost(with prices) 3-BDE 213—Estimate of Cost(without prices) 3-Cost Breakdowns for the LSUM Items 1-Dispositions of Comments IDOTs Original Markups Submit Phase III Engineering Agreement&Joint Agreement to City Council for Approval 8/21/2009 City Reviews,Processes and Approves Agreements 8/21/09-9/11/09 Submit Phase III Engineering Agreement&Joint Agreement to IDOT for Approval 9/18/2009 State Letting 11/5/2009 Project Award 1/8/2010(Approx.) Project Execution 1/22/2010(Approx.) Preconstruction Meeting at IDOT 3/26/2010(Approx.) Construction Begins 4/12/09(Approx.) All dates are subject to change Per Region One's Letting Schedule,plans should be first submitted by May 15,2009 for the November 5,2009 letting G:\Public\Elgin\2009\EG0901 Big Timber Road LAPPWgreemenhAttachment A-Project Scope and Schedule ENGINEERING ENTERPRISES,INC. Attachment B-Summary of Professional Engineering Services DATE: 3/27/2009 CONSULTING ENGINEERS ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST ENTERED BY: JMB PROFESSIONAL ENGINEERING SERVICES-PHASE II ENGINEERING Big Timber Road LAPP Project City of Elgin,Kane and Cook Counties,Illinois ENGINEERING DRAFTING SURVEYING ADMIN. WORK WORK SENIOR SENIOR SENIOR SENIOR ITEM COST WWI PRINCIPAL PROJECT PROJECT PROJECT PROJECT CAD PROJECT PROJECT PROJECT SENIOR HOUR PER NO. WORK ITEM ENGINEER MANAGER MANAGER ENGINEER ENGINEER MANAGER TECHN. TECHN. SURVEYOR SURVEYOR TECHN. SECRET. SUMM. ITEM DESIGN PHASE ENGINEERING 1.01 Conduct Protect Kick-off Meeting with City Staff and IDOT 4 4 4 2 14 $1,860 1.02 Perform Field Review/Confirm Conditions 16 16 16 48 $5,952 1.03 Obtain and Review Existing Pavement Thickness Data 4 4 $504 1.04 Prepare and Submit Preliminary Information to IDOT 4 8 12 $1,560 1.05 Prepare Plans 8 Specifications in Accordance with REDUCED LAPP Guidelines 4 16 32 80 40 172 $19,800 1.06 Conduct Progress Meeting with City Stag 4 4 4 6 18 $2,172 1.07 Internal OC/OA of Plans and Specifications 2 8 10 $1,428 1.08 IDOT Adminstrative Project Coordination 8 32 24 64 $8,736 _1.09 Prepare Documents and Submit to CMAP and State Cleaminghouse 4 4 8 $1,056 1.10 Prepare and Sumbit Revised(Final)PS&E to City Staff and IDOT 8 16 8 8 4 44 $5,160 0 $0 Design Phase Engineering Total 18 4 96 112 104 0 48 0 0 0 0 12 394 48,228 I Project Total I 18 1 4 1 96 1 112 1 104 1 0 1 48 1 0 1 0 1 0 1 0 112 1 394 1 48,228 FEE SCHEDULE AS OF 01/01/09 DIRECT COSTS Principal Engineer E-3 18 hours © $162 per hour= $2,916 Printing $1,000 Senior Project Manager E-2 4 hours a $150 per hour= $600 Supplies&Misc. $500 Project Manager E-1 96 hours @ $138 per hour= $13,248 Terracon(Geotechnical) $3,000 Senior Project Engineer/Surveyor P-5 112 hours @ $126 per hour= $14,112 Project Engineer/Surveyor P-4 104 hours @ $108 per hour= S11,232 Senior Engineer/Surveyor P•3 0 hours @ $99 per hour= $0 - 0 Engineer/Surveyor P-2 hours @ $90 per hour= $0 DIRECT EXPENSES= $4,500 CAD Manager E-1 0 hours @ $138 per hour= $0 Senior Project Technician T-5 48 hours @ $108 per hour= $5,184 TOTAL LABOR COSTS Protect Technician T-4 0 hours a $99 per hour= $0 Drafting Expenses= $5,164 Senior Technician T-3 0 hours @ $90 per hour= $0 Surveying Expenses= $0 Secretary A-3 12 hours @ $78 per hour= $936 Engineering Expenses= $42,108 HOURLY TOTAL= 394 TOTAL EEI LABOR= $48,228 Administrative Expenses= $936 TOTAL LABOR EXPENSES= $48,228 I TOTAL CONTRACT COSTS=I $52,728J G.PuuiclElgin12009\EG0901 Big Timber Road LAPP,Agreementl(Attachment B-Summery of Professional Engineering ServicesLAPP Reduced Fees-Be Timber.xls]EG0901 ATTACHMENT B STANDARD SCHEDULE OF CHARGES January 1, 2009 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171.00 Principal E-3 $162.00 Senior Project Manager E-2 $150.00 Project Manager E-1 $138.00 Senior Project Engineer/Planner/Surveyor II P-6 $126.00 Senior Project Engineer/Planner/Surveyor I P-5 $117.00 Project Engineer/Planner/Surveyor P-4 $108.00 Senior Engineer/Planner/Surveyor P-3 $ 99.00 Engineer/Planner/Surveyor P-2 $ 90.00 Associate Engineer/Planner/Surveyor P-1 $ 81.00 Senior Project Technician II T-6 $117.00 Senior Project Technician I T-5 $108.00 Project Technician T-4 $ 99.00 Senior Technician T-3 $ 90.00 Technician T-2 $ 81.00 Associate Technician T-1 $ 72.00 Administrative Assistant A-3 $ 78.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $129.00 2 Man Field Crew with Standard Survey Equipment $201.00 1 Man Field Crew with RTS or GPS * $159.00 2 Man Field Crew with RTS or GPS * $231.00 Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) 'RTS=Robotic Total Station/GPS=Global Positioning System G:\Public\Elgin\2009\EG0901 Big Timber Road LAPP\Agreement\STADS0108.DOC \� City of Elgin Agenda Item No. r \ . May 7, 2009 TO: Mayor and Members of the City Council in.wcially Stable FROM: Olufemi Folarin, City Manager City c>orrnimort David Lawry, P.E., General Se ices Group Director SUBJECT: Engineering Services Agreement with Engineering Enterprises, Inc. for the Resurfacing of Big Timber Road from McLean Boulevard to Randall Road PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with Engineering Enterprises, Inc. (EEI) for design engineering services for the resurfacing of Big Timber Road from McLean Boulevard to Randall Road. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the Engineering Services Agreement with EEI in the not-to-exceed amount of$52,728. BACKGROUND On March 24, 2009, EEI, on behalf of the City, submitted an application to the Kane/Kendall Council of Mayors (KKCOM) for the use of federal funds from the Surface Transportation Program (STP) to resurface Big Timber Road from McLean Boulevard westward approximately 6,100 lineal feet to Randall Road. KKCOM reviewed the application and has noted the project as a top priority to receive funding in 2010 from its Local Agency Pavement Preservation Projects (LAPP) program. This program provides federal funding in the amount of 80% of the cost of construction and construction engineering. The local agency is responsible for the cost of design engineering and 20% of the construction and construction engineering cost. The estimated construction/construction engineering total cost for this project is $1,213,250. The City's 20% share is applied to the construction cost of $1,055,000 and to the phase III engineering cost of $158,250 for a total local agency cost of $242,650. In addition, the City must pay 100% of the cost of design engineering ($52,728) for a total local agency cost of $295,378. In order to ensure that the federal funds are secured and allocated in 2010, the City must complete plans and specifications and have the project ready to bid by December 2009. The subject Engineering Services Agreement with EEI will accomplish that task. A project location map is attached as Exhibit A. A copy of the Engineering Services Agreement is attached as Exhibit B. EXHIBIT A Project Location Map Engineering Services Agreement -2 II.PROGRESS REPORTS A.ENGINEER shall comply with the PROJECT milestone outline schedule described below. B. A detailed PROJECT schedule for the PROJECT is attached hereto and made a part hereof as Attachment "A", which PROJECT schedule shall be adhered to by ENGINEER, and which shall be of essence of this Agreement. Progress relative to the aforementioned PROJECT schedule shall be recorded and submitted on a monthly basis to CITY by ENGINEER as a component of the status report described in subsection C below. C. The ENGINEER will submit to the DIRECTOR a monthly 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 shall be at the sole risk of the CITY without liability to the ENGINEER. IV. 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 $ 52,728.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are made and amendments to the maximum payment provided for herein. The calculation of the not to exceed cost plus the Standard Schedule of Charges is of the essence of this Agreement,and is attached hereto and made a part hereof as Attachment"B." B. For outside services provided by other firms or sub-consultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such invoiced fees to ENGINEER shall be included with and construed as part of the above-referenced maximum payable amount. C. All costs are included in the not to exceed fee including direct costs. D. The CITY shall make periodic payments to the ENGINEER based upon actual -4- 4-BDE 220A—Estimate of Time Required 4-BDE 213—Estimate of Cost(with prices) 3 -BDE 213—Estimate of Cost(without prices) 3 -Cost Breakdowns for the LSUM Items 1 -Dispositions of Comments IDOT's Original Markups V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports as provided for herein shall be included. 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; provided, however, that such payment shall not exceed the total fee maximum or task amounts set forth under Paragraph IV above. VII. 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 VI or IX, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed and accepted by CITY. 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. 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 p g • -6- modified or terminated without thirty(30)days prior written notice to the DIRECTOR. Such Certificate of Insurance shall include,but not be limited to,coverage for the obligations assumed by ENGINEER pursuant to Article X herein entitled "Indemnification". Such above-referenced 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 written in occurrence form 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 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 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. -8- 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. 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. 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 any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. 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. 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; - 10- B. As to ENGINEER: THOMAS W.TALSMA Vice President Engineering Enterprises,Inc 52 Wheeler Road Sugar Grove, lllinois 60554 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: A flEST: THE CITY OF ELGIN By By City Clerk City Manager (SEAL) For the ENGINEER: St Dated this ZA day of April, A.D.,2009 AT thST: • By Byell'hnoke-edet/POL_, Secr Vice President (SEAL) • ENGINEERING ENTERPRISES,INC. Attachment B-Summary of Professional Engineering Services DATE: 3/27/2009 CONSULTING ENGINEERS ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST ENTERED BY: JMB PROFESSIONAL ENGINEERING SERVICES•PHASE II ENGINEERING BIg Timber Road LAPP Project • City of Elgin,Kane and Cook Counties,Illinois _ ENGINEERING DRAFTING SURVEYING ADMIN.4 WORK WORK SENIOR SENIOR SENIOR SENIOR ITEM COST ITEM PRINCIPAL PROJECT PROJECT PROJECT PROJECT CAD PROJECT PROJECT PROJECT SENIOR HOUR PER NO. WORK ITEM ENGINEER MANAGER MANAGER ENGINEER ENGINEER MANAGER TECHN. TECHN, SURVEYOR SURVEYOR TECHN. SECRET. BUMM. ITEM DESIGN PHASE ENGINEERING 1.01 Conduct Prolect Kick-off Meeting wMh City Staff and IDOT 4 I 4 4 2 14. $1,860 1.02 Perform Reid Review/Confirm Con lions 18 18 18 48 $5``952 1.03 Obteln end Review Existing Pavement Thickness Dale4 4 $504 1.04 Prepare end Submit Prerminary Information to IDOT 4 6 12 $1,580 r 1.05 Prepare Plans 8 Specifications In Accordance with REDUCED LAPP Guldetnes 4 16 32 B0 40 172 $19,800 1.08 Conduct Progress Meeting with City Staff - 4 4 4 6 18 $2,172 1.07 Internal QC/QA of Plans and Specifications 2 8 10 $1,428 1.08 IDOT Adminatrative Project Coordination 8 32 24 84 $8,738 1.09 Prepare Documents and Submit to CMAP and State Cleaminghouse I 4 4 8 $1,056 1.10 Prepare end Sumblt Revised(Final)PSBE to City Staff and IDOT i 8 16 8 8 . 4 44 $5,160 0 $o Design Phase Englneerinfl Total - 18 4 i 98 - 112 104 0 46 0 0 0 0 12 304 48,228 Project Total 18 4 I 96 I 112 i 104 i o I 4s I 0 I 0 1 0 1 0 112 I 394 I 48,228 i ' SE H FO 81 9 DIRECT COSTS PrIncIpal Engineer E-3 18 hours et $182 per hour• $2.918 PrInting- $1,000 Senior Project manager E-2 4 hours rsla $150 per hour= $600 Supplies a Misc. $500 Project Menayer E-1 96 hours. B $138 per hour= $13,248 Terrecon(Geetechnlcep $3,000 Senior Project Engineer/Surveyor P-5 112 hours B $128 per flour= $14,112 Prolect Engineer/Surveyor P-4 104 hours 50 $108 per hour• $11,232 • Senior Engineer/Surveyor P-3 0 hours 43. $69 per hour= $0 EnyhmsN8uneyor P-2 0 hours a SOper hour= SO DIRECT EXPENSES• S4,500 CAD Manager E-1 0 hours Ca $138 per hour= $0 T-5 48 hours 6108 rhour= $5,184 TOTAL LABOR COSTS Project Techndoian Parsec Project Technician 7-40 hours 5 -$SE per hour= $0 Drafting Expenses= $5,184 Senior Technician T-3 0 hours el $90 - per hour= $0 Surveying Expenses= $0 Secretary A-3 12 hours B $78 per hour= $938 Engineering Expenses= S42,108 HOURLY TOTAL. 394 TOTAL EEl LABOR F40,228 Administrative Expenses• $938 • TOTAL LABOR EXPENSES• $48,228 TOTAL.CONTRACT COSTS•1 $62,7281 o AP•bueElo•l2009iEG0601 IN 1,mdr Rood LAPP,ApnemenNAd.clmre 4.8ummry of Pmf.stool Ensinorinp Sorvke4APP Roduood Fees-Rp TM+b.n,sIe G0601 ............. ,,c4 Etc 4 . Memorandum (o 1(. ^., City of Elgin pA 4 *AIM FED' Date: June 1, 2009 To: Joe Evers, City Engineer From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-122, Adopted at the May 27, 2009, Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with Engineering Enterprises, Inc. for resurfacing of Big Timber Road from McLean Boulevard to Randall Road