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97-90 Resolution No. 97-90 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC. 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 Engineering Services Agreement on behalf of the City of Elgin with Baxter & Woodman, Inc . for the Tyler Creek Interceptor Sewer Phase V, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 26 , 1997 Adopted: March 26, 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS TYLER CREEK INTERCEPTOR SEWER PHASE V ENGINEERING SERVICES AGREEMENT ENGINEERING SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 27 day of m A4 1997, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY"), and Baxter & Woodman, Inc., an Illinois Business Corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the design and construction of the Tyler Creek Interceptor Sewer Phase V (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, hereinafter referred to as the "DIRECTOR". - 1 - B A X T E R 1 WOODMAN Cron culling Engineers B. The professional services to be provided by the ENGINEER under this Agreement have been divided into two phases as follows: 1. Paragraphs C.1 and C.2 are funded under the not-to-exceed fee identified in Paragraph IV.A. 2. Paragraph D which is not funded under the not-to-exceed fee, but will be funded by an amendment to this Agreement as noted in Paragraph IV. C. In general, the initial professional services to be performed under this Agreement will consist of the following. 1. Preparation of the Final Design Documents for the Tyler Creek Interceptor Sewer Phase V. The interceptor sewer extends approximately 4,700 feet from the existing receiving manhole near Randall Road to approximately 100 (one- hundred) feet west of the intersection of the Union Pacific Railway Co. Railroad tracks and the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks, ENGINEER's Project No. 970068. 2. Performance of bidding and preconstruction award services for the Tyler Creek Interceptor Sewer Phase V, consisting of the following: a. Bid Document Printing b. Bid Document Distribution c. Pre-Bid Meetings d. Bid Evaluations e. Recommendation for Award D. All field construction phase services, including General Construction Administration and Resident Project Representative, for the Tyler Creek Interceptor Sewer Phase V, and selected start- up and operational services will be performed after an amendment is authorized to this Agreement. - 2 - B A X T E R WOODMAN Cons ulli ng Engi nrrrs E. A detailed Scope of Services is provided in the ENGINEERS' "Proposal for Tyler Creek Interceptor Sewer Phase V" dated February 6, 1997, which is considered as attached hereto as Attachment A. II. PROGRESS REPORTS A. An outline project milestone schedule is provided as Attachment B, attached hereto: B. 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 A. The CITY shall reimburse the ENGINEER for professional services described in Paragraphs I.C.1 and I.C.2, based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. The ENGINEERS' fee including reimbursable expenses shall not exceed $85,000, regardless of actual 3 - B A X T E R WOODMAN CoruuiftngEngfnerrs costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty (30) days after receipt and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Final Design Documents $80,000 Assistance During Bidding 5,000 Total $85,000 C. The ENGINEER shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: 1. Geotechnical and soils investigations 2. Wetlands delineation and consultation 3. Trenchless sewer pipe installation methodology The CITY shall reimburse the ENGINEER for the direct cost of the above professional subconsultant services, an amount not to exceed seventy nine thousand ($79,000) Dollars without a modification to this agreement by a change order or amendment. D. The total payments by the CITY under this agreement under paragraphs IV.A and IV.0 shall not exceed One Hundred Sixty Four Thousand Dollars ($164,000) unless this agreement is modified by a change order or amendment. E. For those services identified under the Scope of Services as Field Construction Phase Services (Section I.D), the fee shall be - 4 - BAXTER 4111. WOODMAN Corr suiting Engineers negotiated between the ENGINEER and the CITY, and this Agreement modified by a change order or amendment, at such time prior to the commencement of the work after a funding appropriation for the project construction has been enacted by the CITY. 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 - 5 - B A X T E WOODMAN Consulting Engi nrrrs 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 fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including 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. - 6 - B A X T E 4 WOODMAN ConsullingEngineers XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of either party shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. 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 - 7 - B A X T E R iir WOODMAN Consulting Engi nuns 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, 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, - 8 - B A X T E R 4111 I WOODMAN Consulting Engineer s 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 has 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, subparagraph, 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. - 9 - 41. WOOD M A N Conn/fhngblowers XX. MODIFICATION 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 change order duly executed by the parties. Each party agrees that no representations of 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. XIII. 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: - 10 - B A X T E R 41. WOODMAN Con%lilting Engineers A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative, and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. 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: - 11 - B A X T E R 4111. WOODMAN Consulting Engineers 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: DARREL R. GAVLE, P.E. Baxter & Woodman, Inc. 8678 Ridgefield Road Crystal Lake, Illinois 60012-2797 - 12 - B A X T E R iir WOODMAN Con edl i ng Engrneers 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 0 LGIN, ILLINOIS By 0By . 0AN / ✓`� Donna Mecum, City Clerk Title Le Yvt (SEAL) For the ENGINEER: Dated this 2 day of /eket_ ,_ , A.D., 1997. ATTEST: BAXTER & WOODMAN, INC. By4, By /dal, Secretary President/C 0 (SEAL) 970068\drg.mk - 13 - B A X Tit; WOOD M A N Consulting Engineers Agenda Item No. City of Elgin g /C)4'411 i)10 March 4, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Engineering Services Agreement Tyler Creek Interceptor Sewer Phase V PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Baxter & Woodman for the preparation of plans, specifications and cost estimates for the construction of the Tyler Creek Interceptor Sewer (TCIS) Phase V. BACKGROUND In the 1997 Budget, the City Council authorized the construction of the Tyler Creek/Northwest Interceptor Sewer Phase V in order to increase the development potential for the northwest portion of the City' s planning area. A proposed annexation agreement with Industrial Developments International ( IDI ) , requires the completion of this interceptor by June 30, 1999, which will serve the south portion of their development. The proposed sewer line is located west of Randall Road, north of Tyler Creek, and will generally follow the alignment of the Union Pacific Railroad right-of-way through City-owned land to a point of terminus west of the Soo Line Railroad Tracks . A location map is shown as Exhibit A. The scope of work within the subject agreement is for engineering and construction services . The fee quoted at this point, however, reflects only those costs associated with design services . The agreement will be amended to include construction services when a construction contract is presented to the City Council for an award. The project schedule anticipates engineering completion of design and plan preparation in late 1997 to allow for a January, 1998 construction bidding. The preliminary cost estimate for construction is $2, 100,000 . • Engineering Services Agreement/Tyler Creek March 4, 1997 Page 2 Proposals were received on February 7, 1997 from three firms : - Crawford, Murphy and Tilly (CMT) - Baxter & Woodman (B&W) - D. Carroll Engineering and Associates A staff selection committee evaluation of the three proposals was conducted, which resulted in B&W being the top-rated firm. A copy of the memorandum sent to the staff selection committee, as well as results of the selection process, are enclosed as Exhibit B. Upon selection, B&W met with staff to finalize the project scope and negotiate their fee. The final negotiated fee is $164,000 . The tabulation of costs shown in Exhibit B shows that B&W submitted the highest fee. A comparison of the associated scopes of work submitted by all three firms indicates that Baxter and Woodman anticipated a higher level of effort toward work within an established high quality wetland. With consideration toward the sensitive nature of the proposed construction activity adjacent to Tyler Creek, staff concurs with the level of effort anticipated by Baxter and Woodman. Adjacent neighborhood groups and the "Friends of Tyler Creek" expressed concerns over these areas during the IDI annexation process . Baxter and Woodman has previously designed and inspected the Northwest Interceptor Sewer-Phase I (NWIS) . The NWIS project followed a route which was also located adjacent to Tyler Creek. The project was successfully permitted for construction through wetlands with little impact to these sensitive environments . The project is substantially complete and under budget. A copy of the proposed agreement is shown as Exhibit C. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT It is anticipated that the TCIS - Phase V project will total $2,260,000 . The project was included within the 1997 Sewer Fund budget, account number 397-4200-795 . 92-41, project number 339558, in the amount of $1, 130, 000 . Funding is provided by the Sewer portion of the 1997 General Obligation Bond sale scheduled for spring, 1997 . The remaining ogow $1 , 130,000 is proposed in the 1997-2001 financial plan in 1998 and scheduled to be funded by a 1998 General Obligation Bond sale. • Engineering Services Agreement/Tyler Creek March 4, 1997 Page 3 LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council approve the subject agreement with Baxter & Woodman in the not-to-exceed amount of $164, 000 and authorize staff to execute the necessary documents . Respectfully submitted, David L. Lawry, P.E D' or o Publi s eft "ob.-rt 0. Malm Interim City Manager TD/do Attachments C • - TYLER CREEK INTERCEPTOR SEWER J... P PHASE a .. n c - I NDN ID C. W Q a Z NO Q SCALE J 0 X . 1", S , / . • APPROXIMATE PROJECTll ; LOCATION Q. . Q` z i / i . . F3, -77 RANDALL RD. m x