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96-35 Resolution No. 96-35 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUNJOY AREA LIGHTING, INC. 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 Sunjoy Area Lighting, Inc. for historic district ornamental lighting, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 14, 1996 Adopted: February 14, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • AGREEMENT LL t7 HIS AGREEMENT, is made and entered into this �� day of IV iV •'r ► , 1996, by and between the CITY OF ELGIN, an Illinois mu 'cipal corporation (hereinafter referred to as "CITY" ) and enjoy Area Lighting, Inc. (hereinafter referred to as "ENGINEER") . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Historic District Ornamental Lighting project (hereinafter referred to as the "PROJECT" ) . AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, 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 . Final Engineering . Preparation of Final Plans and Specifications for approval by the Illinois Department of Transportation (IDOT) . Preparation of Final Pre-bid Cost Estimates Bidding . Clarification of Bid Documents as requested by IDOT. -2- Construction . Shop Drawing Review and Approvals . On-site Field Visits . Final Inspection C. A detail of Services is attached hereto as Attachment A. II. PROGRESS REPORTS No progress reports or schedule development are required under this agreement. 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 A. The City shall reimburse the ENGINEER for FINAL ENGINEERING services under this Agreement, a lump sum amount of Forty Six Thousand Eight Hundred Ninety Seven and 62/100 ($46,897 .62) Dollars. B. For services provided in connection with CONSTRUCTION under this Agreement, the ENGINEER shall be reimbursed at a maximum rate of Sixty ($60.00) Dollars per hour inclusive of all direct and indirect costs, with the total CONSTRUCTION fee not-to-exceed Twenty Thousand ($20,000 . 00) Dollars . C. The total payments by the CITY under this Agreement shall not exceed Sixty Six Thousand Eight Hundred Ninety Seven and 62/100 ($66,897 . 62) dollars, unless this agreement is modified by a change order or amendment approved by the CITY. -3- V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. 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 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. -4- 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 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. -5- 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 $ 500,000.00 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 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, -6- 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 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 -7- 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; B. the definition of sexual harassment under state law; • -8- 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: JAGDISH SHAH Sunjoy Area Lighting, Inc. 212 Timbercrest Drive Schaumburg, Illinois 60193-1572 -9- 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 By Dolonna Mecum Richard B. Helwig City Clerk City Manager (SEAL) For the ENGINEER: p eft Dated this Lam) day of �-t.7sti o‘i , A.D. 1996 . ' ATTEST: L1t`1���/ BY y/ (V\ Gk_9 S 49-A, Secretary I4side"'` (SEAL) tow ATTACHMENT A Services Provided 1 . Engineering Services : Letter dated October 21, 1995 2 . Construction Services : Letter dated January 8, 1996 • Sunjoy 0 Inc Area Lighting October 21, 1995 212 bur m D•,.e SChau mGg Ilh�o,s 60193-1572 • Tel 708-69:f-54E- Fax 708-893.5303 City of Elgin 150 Dexter Court Elgin, IL 60120-5555 ATTN: Mr. Jim Kristiansen Director of Public Works RE: Ornamental Lighting Elgin Historic District Section Number: 93-00153-00-LT Kane County Dear Mr. Kristiansen: Enclosed for your review is the engineering services fee and engineering manhours required to complete the above referenced project. Sincerely, s�ah Enc • • r October 18, 1995 ELGIN HISTORIC DISTRICT ORNAMENTAL LIGHTING SECTION: 93-00153-00—LT KANE COUNTY ENGINEERING MANHOUR AND LUMP SUM FEE SUMMARY EMPLOYEE ENGINEERING PAYROLL SALARY O.H. & B. TOTAL FUNCTION MANHOUR RATE AMOUNT (120%) AMOUNT MANAGER 42 $ 45.00 $ 1,890. 00 $ 2, 268 . 00 $ 4, 158. 00 PROJECT 58 $ 33 . 00 $ 1,914 . 00 $ 2 , 296. 80 $ 4 ,210. 80 ENGINEER SENIOR 317 $ 25. 00 $ 7, 925. 00 $ 9, 510. 00 $17,435. 00 ENGINEER SENIOR 310 $ 17 . 00 $ 5,270.00 $ 6, 324 . 00 $11,594. 00 TECHNICIAN JUNIOR 108 $ 14 .00 $ 1,512. 00 $ 1, 814 .40 $ 3, 326.40 TECHNICIAN 835 $18,511.00 $22,213.20 $40,724.20 FIXED FEE = $ 0. 145 [ (2.3 + R)P + DC] = $ 0. 145 [ 2.3 x 18511 ] = $ 6, 173.42 TOTAL : PAYROLL $ 18,511.00 O.H. &B. $ 22,213.20 FIXED FEE $ 6, 173.42 TOTAL $ 46,897.62 jiba"'1 "w�r;°<.�`� " , 14i;Jn I r ,,;J., CITY OFEGIN CITY ENGINEERING DEFT. , , , t Sunjoy Inc Area Lighting 212 Timber,• I, January 8 , 1996 Scnaurnu.:•-, I;Dr ,;s 60153-15 2 Te; 7Ub•fiv .-D4b_ Far 7CS-c: Mr. James L. Kristiansen Public Works Director City of Elgin 150 Dexter Court Elgin, IL 60120-5555 RE: Construction Engineering Services Dear Mr. Kristiansen: We have received your letter dated October 26, 1995. Per your request, we are submitting a proposed fee for construction engineering services. 1. Ten hours (estimated) for catalog cuts/shop drawings review. 2. One hundred hours (estimated) for once-weekly field visits (4 hours per field trip, 125 working days) . 3. Sixteen hours (estimated) for final inspection. Estimated total manhours are 126. Our hourly engineering fee is $ 60 per hour, which includes direct/indirect costs. Thus, the total estimated cost is $ 7560. 00 As you are aware, we have already forwarded to you our engineering design services fee dated October 21, 1995. If you have any questions, please feel free to call us. Sincerely, Ja d.s ah -CJ �� g h � \ JAN 0 9 1995 CITY OF ELGIN ENGINEERING DEPT. • n CS Agenda Item No. A-412-) January 18, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Historic District Ornamental Lighting PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to rescind an Agreement with Neil W. Eash and Associates, and to enter into an Agreement with Sunjoy Area Lighting, Inc. , for the preparation of plans, specifications, estimates and construction assistance for the Historic District Ornamental f"k Lighting project. BACKGROUND In May, 1993, the City of Elgin was awarded a grant from the State of Illinois for the installation of about 275 historic street lights in the Elgin Historic District. The grant was in the amount of $800,000 with $200,000 to be funded by the City. (In July, 1995 the grant amount was increased by the State to an amount of $1, 176,000 with $294,000 to be funded by the City. ) On September 23, 1993, an Agreement was entered into with Neil W. Eash and Associates for the Phase I : Project Analysis and Design Development and Phase II : Pre-Final and Final Engineering for the Historic District Ornamental Lighting project. Phase I work was completed satisfactorily and accepted by the Illinois Department of Transportation (IDOT) . However, Phase II work was consistently rejected by IDOT as incomplete and unsuitable for bidding. In July, 1995, Neil W. Eash and Associates went out of business. In order to salvage the project, we turned to Sunjoy Area Lighting, Inc. to redesign the project to the satisfaction and fek approval of IDOT. Sunjoy Area Lighting, Inc. , was the electrical sub-consultant on the Grove Avenue Mall Reopening project as well as the electrical sub-consultant on the Slade Avenue Streetscape project. Both of these projects utilized Historic District Ornamental Lighting January 18, 1996 Page 2 the acorn style lighting fixtures which were approved for the Elgin Historic District. Sunjoy Area Lighting, Inc. has completed the preparation of plans, specifications and estimates to the satisfaction of IDOT with the project issued to bid by IDOT in December 1995 . The bid opening occurred on January 11, 1996 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT An encumbrance was made under the original contract with Neil W. Eash and Associates in Account 392-0000-795 .92-32, Project 339536 in the amount of $45,456 .00. A payment in the amount of $5,062 .05 was made to Neil W. Eash, on February 11, 1994, for the completion of Phase I services . As Phase II services were not successfully completed, no subsequent payments were made to Neil W. Eash and Associates . Additional expenditures of $2, 10S . 30 were made against the project in 1994, for a f'` total ex?enditure in 1994 of $7, 171 . 35. The project was originally funded under Account 392-0000-795 .92-32, Project 339536 in the amount of $200,000. Because of the increased grant amount, the City's share of the project also increased. Consequently, an additional $95,000 was included in the 1996 budget under River Boat Revenues . Total City funding for the project is in the amount of $295,000 less $7, 171. 35 paid out in 1994, or $287,828.65. The Agreement with Sunjoy Area Lighting, Inc. is in the not- to-exceed amount of $66,897 .62 inclusive of final engineering, bidding, and construction related services . As $287,828. 65 is available under Account 392-0000-795. 92-32, Project 339536, adequate moneys are available to fund this Agreement. LEGAL IMPACT None. Historic District Ornamental Lighting January 18, 1996 fok Page 3 RECOAO(ENDATION Rescind an Agreement with Neil W. Eash and Associates dated September 23, 1993, and authorize the execution of an Agreement with Sunjoy Area Lighting, Inc. , in the not-to- exceed amount of $66,897 .62 . -1 r Respectful) u itt d, f17 ''. kJ /kJ James L. Kristiansen Public Works Director Richard B. Helwig City Manager JLK/do Attachment 0001k fek