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97-42 Resolution No. 97-42 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TESTING SERVICE CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim 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 Testing Service Corporation for testing of construction materials for the 1997-1999 construction seasons, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 12, 1997 Adopted: February 12, 1997 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • AGREEMENT T IS AGREEMENT, made and entered into this ,IM day of , 1997, by and between the CITY OF ELGIN, an Illinois m icipal corporation (hereinafter referred to as "CITY" ) and Testing Service Corporation (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with various material testing for quality control on infrastructure improvements (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. 1 . Material and plant inspection of concrete pours associated with CITY contracts . Plant inspection shall include verification of the mix designs using current IDOT standards . Material inspection shall include on-site slump and air test along with the preparation and compression testing of cylinders to verify concrete strength. One compression test should be performed at 7 days and two at 14 days or as directed. Upon completion of testing, initial results will be submitted within 2 days and full reports will be submitted within 7 days . 2 . Material and plant inspection of bituminous asphalt mixes associated with CITY contracts . Plant inspection shall include verification of the mix designs using current IDOT standards . Material inspection shall include on-site density tests using a nuclear testing device to establish rolling -2- patterns for the Contractor and pavement cores to determine achieved density. 3 . Obtain and analyze pavement cores at depths down to 18 inches . These cores will be used to determine existing pavement structure. 4 . Perform in-place density tests on embankments comprised of various fill materials . 5 . For each of the above tests and/or inspections, provide detailed lab reports which document findings and any recommendations . 6 . Provide Geotechnical Engineering Services as requested. Typical studies are expected to include up to 15 foot deep soil borings, laboratory testing and survey report with recommendations . 7 . Except as stated to the contrary above reports will be submitted 14 days after field work is completed. II . 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. III . PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be reimbursed based on the actual units of work provided and the attached Schedule of Fees . B. For outside services provided by other firms or subconsultants, including project specific bonds and insurance (e.g. Waiver of Subrogation, Railroad Protective) , the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 5% . C. The CITY shall make periodic payments to the ENGINEER based upon actual units of work provided within 30 days after receipt and approval of invoice. -3- D. Attachment; Exhibit A - Payment Schedule. IV. 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. V. 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. VI. 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 December 31, 1999 . 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. VII . 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- VIII. 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. IX. 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 . X. 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. XI. 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 IX entitled "Indemnification" shall be provided. -5- 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. XII . 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 . XIII. 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 -6- 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. XIV. 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. XV. 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. XVI . 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. XVII . 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. XVIII. 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 . -7- XIX. 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. XX. 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 . XXI. 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. XXII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. XXIII. 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. XXIV. 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; -8- 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 . XXV. 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. XXVI. 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: DAVID L. LAWRY, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: ALLEN L. DUBOSE President Testing Service Corporation 360 S . Main Place Carol Stream, IL 60188 _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 ,.Ag ? By r� ! I City C erk ity Manager (SEAL) For the ENGINEER: Dated this/U day of \l' 41-1°77. 1997 . ATTEST: c°_5 4'7? SrUtce-, 67,0 Coln ad4By G,�' , By , $57! Secretary President (SEAL) EXHIBIT A PAYMENT SCHEDULE Category & Items Unit Cost Bituminous Concrete Plant Inspection Technician Hour $44.00 Material Pickup Per Trip $37.50 Field Inspection Technician w/Gauge Hour $44.00 Laboratory Testing Extraction Analysis Each $105.00 Unit Weight- Cores Each $ 10.00 Marshall Stability Set of 3 $135.00 Engineering Engineer, P.E. Hour $65.00 Weather Cancellation Each $85.00 Portland Cement Concrete Plant Inspection Technician Hour $44.00 Field Inspection Technician Hour $44.00 Cylinder Pickup Per Trip $.17 g Laboratory Testing Concrete Cylinders Each $9.25 Engineering Engineer, P.E. Hour $65.00 Weather Cancellation Each $85. 00 Soil/Aggregate Inspection & Testing Field inspection Technician Hour $44.00 Technician w/gauge Hour $44.00 Laboratory Testing Standard Proctor Each $110.00 Modified Proctor Each $130.00 Engineering Engineer, P.E. Hour $65.00 Coring of Construction Material Layout Hour $65.00 Utility Location Hour . $50.00 Core Rig, Crew Hour $72. 50 Bit Ware Inch $ 1 . 50 Laboratory Testing Moisture Content Each $ 4.00 Unit Weight Each $ 7. 50 Compressive Strength Each $15.00 ' Chloride Analysis Each $ 22. 50 Extraction Analysis Each $105.00 Engineering Engineer, P.E. Hour $65.00 Geotechnical Investigation Field Layout Hour $ 90.00 Utility Location Hour $ 50.00 Flagger Hour $ 32. 50 Mobilization Each $175.00 Tree Clearing Hour $ 80.00 (2 person crew) Standby Hour $110.00 Drilling Foot $ 6. 75 Drilling-rubble Foot $ 12.00 Hand Augering Hour $ 80.00 (2 person crew) Split Spoon Sampling Each $ 8.75 Rock Coring, NX • Foot $ 24.50 Geologist Hour $ 45.00 Engineer, P.E. Hour $ 65.00 Laboratory Testing-Soil Moisture Content Each $ 4.00 Unit Weight Each $ 4.00 Unconfined Compressive Strength Each $ 10.00 Organic Content Each $ 22.50 Sieve Analysis-Washed Each $ 55.00 Hydrometer Analysis Each $ 85.00 Atterberg Limits Each $ 50.00 Standard Proctor Each $110.00 Modified Proctor Each $130.00 Illinois Bearing Ratio Each $150.00 Laboratory Testing-Core Moisture Content Each $ 4.00 Unit Weight Each $ 7.50 Compressive Strength Each $15.00 Engineering Drafting Hour $40.00 Engineer, P.E. Hour $65.00 General Notes 1. Rates shall be the same for all weekdays including Saturday and Sunday. 2. All rates will be for on-site time. No aditional compensation will be provided for travel time to and from site. 3. No compensation will be provided for weather cancellation if cancellation occurs prior to personnel leaving place of business. 4. All prices shall hold for the entire three year duration of the contract. OF etCi Agenda Item No. o City of Elgin $RA TEDe January 15, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Testing Service Agreement with Testing Service Corporation (TSC) for Various City Projects PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider approving the Testing Service Agreement for the 1997-1999 construction seasons . BACKGROUND Each year, the City completes several capital improvement projects, such as the Neighborhood Resurfacing Projects, Sidewalk Replacement Projects, and many other roadway and infrastructure improvements . These projects require the use of various construction materials such as concrete, asphalt, gravel, sand, etc. To ensure that the materials used meet the required specifications, the materials must be tested. Because materials testing costs generally exceed $5,000 in any given year, in total, the City has been contracting for testing services . On October 7, 1996, the City sent out requests for proposals to seven testing firms . Proposals were received on November 7, 1996 from five firms : - Testing Service Corporation (TSC) - Soil and Material Consultants (SMC) - Profession Service Industries (PSI) - Construction Testing Services (CTS) - SEECO Consultants (SEECO) A staff Selection Committee evaluation of the five proposals was conducted which resulted in TSC and SMC being the top two rated firms . Both firms were then invited to submit an itemized payment schedule for various testing services . r t Testing Service Agreement January 15 , 1997 Page 3 tooft RECOMMENDATION It is recommended that the City Council approve the attached Testing Service Agreement with Testing Service Corporation and authorize the City Manager and City Clerk to execute the necessary documents . Respectfully submitted, David L. Lawry, P.E. D' -ctor of Public Wor ;,0 0 Ro•ert O. alm Interim City Manager SP/do Attachments r r