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94-217 Resolution No. 94-217 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CIVILTECH ENGINEERING, INC. FOR SUMMIT STREET SIDEWALKS 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 Civiltech Engineering, Inc . , for professional services regarding the design of sidewalks along both sides of Summit Street (between Hunter and Hiawatha) , a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 10, 1994 Adopted: August 10, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 1 " • •Elm - �y ..„ Agenda Item No . „...,.,,,_,„. .47,0f1.0 July 21, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Engineering Service Agreement with Civiltech Engineering, Inc. for Engineering Services for the Summit Street Sidewalks (ST36 ) PURPOSE This memorandum will provide the Mayor and Council with information to consider entering into an agreement with Civiltech Engineer, Inc. of Itasca, IL to provide Engineering Services associated with the design of sidewalks on Summit Street from Hiawatha to Hunter. A copy of the agreement is attached for consideration. BACKGROUND In the 1994 budget the City Council approved funds for the engineering and design of sidewalks on both sides of Summit Street from Hiawatha Drive to Hunter Drive. The project is expected to include several complex engineering problems including structural retaining walls, drainage design, and traffic signal modifications . The project must be coordinated with the Illinois Department of Transportation because of their jurisdiction over Summit Street ( Illinois Route 58) . On March 18, 1994 three proposals were received to provide professional engineering services in connection with the engineering and preparation of plans, specifications and cost estimates for the project. The three proposals were evaluated by engineering staff for completeness of the proposal, relevant experience of key personnel, etc. , in related civil engineering projects . The firm, Civiltech Engineering of Itasca was the top rated firm. The City has worked with Civiltech Engineering on the Jewel-Osco development project. 0 , Engineering Service Agreement with Civiltech Summit Street Sidewalks (ST36 ) July 21, 1994 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The costs of the Engineering Services per this agreement will be a not-to-exceed cost of $59,700. 00 . The funds budgeted for engineering services total $50,000 . 00 in the account number 392-0000-795 . 93-80, Project #339535 . Savings from the city-wide sidewalk replacement contract will be used for the difference. LEGAL IMPACT None. RECOMMENDATION It is recommended that the City Council approve the Engineering Agreement with Civiltech Engineering, Inc. and eft- authorize the City Manager to exec to the Agreement. espectfully ,su it ed, James L. Kristiansen Public Works Director Respectfully submitted, Richard B. Helwig City Manager JE/do AGREEMENT THIS AGREEMENT, made and entered into this //t/ day of P1L41- , 1994, by and between the CITY OF ELGIN, an Illino Ns municipal corporation (hereinafter referred to as "CITY" ) and Civiltech Engineering, Inc. (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the design of sidewalks along both sides of Summit Street between Hunter andHiawatha (hereinafter referred to as the "PROJECT" ) . AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER 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. The ENGINEER' s service is to include preparation of plans, specifications and cost estimates for the construction of sidewalks and required appurtenances along Summit Street between Hunter and Hiawatha. 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: -2- Preliminary Cost Estimate • 7/29/94 Complete Field Survey • 8/05/94 Preliminary Engineering Plans : 9/23/94 Final Engineering Plans • 10/28/94 B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. C. The Engineer will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues . 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 or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services provided the ENGINEER shall be reimbursed at the rate of 2 . 65 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed Fifty-Nine Thousand Seven Hundred dollars ($59 , 000 . 00) regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. Please refer to exhibit A-1 of Attachment A. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. C. In-house reimbursable expenses directly attributable to the project will be billed at their actual cost, and are included in the "not to exceed" fee stated in A. above. Please refer to column D & G of exhibit A-1 . • -3- D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports ( IIC 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 the ENGINEER is given a written Notice to Proceed 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 -4- 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 Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including 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 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. -5- The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article IX entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1, 000, 000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry 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. -6- 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. 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. 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 -7- 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 . 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: 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; -8- 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 . 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: GARY P. OVERBAY Secretary Civiltech Engineering, Inc . 1250 Arlington Heights Road, Suite 250 Itasca, IL 60143 -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 BY ,Lld( 11(4.4, tet1(./ E�WIA /44 g/E ' / City Manager (SEAL) • For the ENGINEER: Dated this day of �'S�,- e, ) \Rciy , A.D. , 1994 . ATTEST: CI vAlrec\n Erns neari N -r•Nyc. / By iI ,r By ‘riji.) retary President (SEAL) ATTACHMENT A SCOPE OF SERVICES SCOPE OF SERVICES We propose to provide the following engineering services to the City of Elgin on the Summit Street Sidewalk project: 1_ Field Survey - A full topographic survey of the project area will be completed from edge-of-pavement to 20 feet beyond the existing right-of-way line. The survey will locate and establish elevations for all existing physical features within the project area.. 2_ Data Collection - Utility atlases will be requested from all utility companies having facilities within the project area, as well as from the City of Elgin. City records of private improvements along the project limits, as well as any roadway or traffic signal plans which have been prepared for the area, will be reviewed. 3. Base Sheet Preparation - Data collected by the Field Survey will be developed into plan and profile base sheets at a scale of 1" =20'. Utility and right-of-way information will be added to the base sheets. Existing cross sections, at 50' intervals, will also be generated and plotted. 4_ Drainage Design - As was mentioned earlier, it is anticipated that there will be a significant amount of modification required to the existing drainage system in order to accommodate the proposed sidewalks. It will be necessary to fully analyze the existing areas tributary to the Summit Street ditches as well as the existing ditches and drainage structures themselves. Proposed modifications meeting IDOT criteria will then be designed for the drainage system. Upon completion of the design, all necessary information will be submitted to the District Drainage office for review. All comments received from Idot will be addressed. 5_ Structural Design-In order to construct the proposed sidewalks, it will be necessary to extend the existing box culvert crossing Summit Street in front of St. James and the First Christian Churches. It is also likely that junction chambers will be proposed at the end of these structures to turn the flow in the culvert parallel to the roadway. Additionally, we anticipate that,at a minimum, a number of small retaining wall made of precast units will also be needed to incorporate the sidewalks. The design of these facilities has been included in this proposal. In examining the project area, it became apparent that in a number of areas there is no ideal location for the sidewalk to be placed. These are areas where the grade drops sharply from the back of shoulder to a poorly defined ditch, and the area between the ditch and the right-of-way line is flat. It is not desirable to locate the proposed sidewalk at the right-of-way line where it will be at essentially the same elevation as the ditch and 5'-7' below the edge of pavement, nor should the sidewalk be located at the edge of shoulder where it may have to be removed if Summit Street is widened and where vehicles present a danger to pedestrians. In these areas the most desirable solution, from an engineering point of view, would be to construct retaining walls far enough from the centerline of Summit Street to allow for the roadway widening, the sidewalk, and a clear zone between the edge of pavement and the walk (or at a minimum a guardrail separating the two). The cost for design and construction of these retaining walls would be extremely high and has not been considered in this proposal. 6_ Pre-Final Plans, Specifications and Estimate-This will include the preparation of pre-final plans consisting of the following sheets: Title Sheet Summary of Quantities/Plan Notes Typical Sections/Details Plan & Profile Sheets (l"=20') Cross Section Sheets Structural Drawings Traffic Signal Modifications This item will also include the preparation of contract specifications and quantities along with an Engineer's Estimate of Cost. Finally, all of the above items will be consolidated into contract bid documents in the MFT format. 7_ Plan Review and Revisions-This item consists of the submittal of pre-final plans to the appropriate agencies and utility companies for review. Review meetings will then be held and the plans and specifications will be revised accordingly. Final plans and specifications will the be submitted to the City. COST ESTIMATE OF CONSULTANT SERVICES SUMMIT STREET SIDEWALK PROJECT FOR CITY OF ELGIN Consultant:Civiltech Engineering, Inc. Date:03-17-94 I DOLLARS ($) NUMBER OVERHEAD (a) • (b) OF & IN-HOUSE SERVICES % ITEM MAN PAYROLL FRINGE DIRECT SUB- NET FEE BY TOTAL GRAND HOURS BENEFITS COSTS TOTAL OTHERS TOTAL (A) (B) (C) -- (D) -- (E) ----(F) (G) - - (H) (I) 1. Field Survey 192 3,312 4,467 $300 8,079 994 9,072 2. Data Collection 10 170 229 399 51 450 3. Base Sheet Prep. 98 1,862 2,511 4,373 559 4,932 4. Drainage Design 80 1,680 2,266 3,946 504 4,450 5. Structural Design 168 4,326 5,834 10,160 1,298 $2,700 14,158 6. Prefinal P.S.&E. 361 7,581 10,224 17,805 2,274 20,080 7. Plan Review and Revisions 64 2,287 3,084 $500 5,871 686 6,558 TOTALS 973 $21,218 $28,617 $800 $50,635 $6,365 $2,700 '� $59,700 Description of Services m x --I 2 -I D> as c--, -I 3 m 11 -1 a ATTACHMENT B . PROJECT SCHEDULE PROJECT SCHEDULE SUMMIT STREET SIDEWALK PROJECT City of Elgin, Illinois Consultant Civi!tech Engineering,Inc. Date:06/13/94 MONTH JUNE JULY AUGUST SEPTEMBER OCTOBER ITEM WEEK 1 2 3 4 5 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1. Data Collection REE OEM 2. Survey Eirg NOW4.4,„12faff.. 3. Base Sheet Preparation aiddatig6.664cgoll 4. Drainage Design 1.11 MHO / .„.. 5. Structural Design Ng 8. Preliminary Plan Prep. BANNSIMMINI OISEISMI 7. Final Plan Prep. FIEFIRKSZY Indicates Plan Review Time Indicates Consultant Work Time •