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03-103 Resolution No. 03-103 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METCALF & EDDY FOR THE BARTLETT WATER DISTRIBUTION SYSTEM INTERCONNECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, 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 Metcalf & Eddy for the Bartlett Water Distribution System Interconnection, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: April 23, 2003 Adopted: April 23, 2003 Omnibus Vote: Yeas: 6 Nays: 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT BARTLETT INTERCONNECTION THIS AGREEMENT is made and entered into this day of _._MAV I , 2003, by and between the City of Elgin, an MLEois municipal corporation (hereinafter referred to as "CITY") and Metcalf & Eddy a Delaware Corporation (hereinafter referred to as "ENGINEER") . WHEREAS, the CITY desires to engage the Engineer to furnish certain professional services in connection with an interconnection between the City of Elgin and the Village of Bartlett's water distribution systems project (hereinafter referred to as the "PROJECT") ; and WHEREAS, the ENGINEER represents that it is in compliance with all Illinois statutes relating to professional registration and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. In performing the services described in this Agreement, Engineer will exercise the degree of care and skill ordinarily exercised by reputable companies performing the same or similar services in the same geographic area. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which are 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, conditions and stipulations, to-wit: I. SCOPE OF SERVICES The ENGINEER shall provide the following services in connection with the design and construction phases for an interconnection between the City of Elgin and the Village of Bartlett's water distribution systems project: 1. Design Phase: A. Prepare detailed drawings and specifications for the interconnection between the City of Elgin and the Village of Bartlett water distribution systems. 1 B. The design shall include but not limited to the design of the vault with access hatch which shall be flush with the vault and shall be equipped with a ladder, electrical power, lights, sump pump, electric heater, two water meters. The installation of the water main crossing Bartlett Road shall consider boring and jacking method. Two soil borings shall be conducted. C. The supervisory control and data acquisition (SCADA) system shall include reporting of valve positions, pressure, high water alarm, and intrusion entry alarm. The CITY shall supply the Programmable Logic Controller (PLC) cabinet and antenna. The antenna pole and the cable shall be included in the bid documents as a part of the Contractors work. D. Prepare an opinion of probable construction cost for proposed work covered by the drawings and specifications. E. Submit drawings and specifications to the City for review and approval. Meet with representatives of the City during the review process to explain the drawings, specifications, and procedures, and advise the City concerning any proposed revisions. F. Submit drawings and specifications to the Illinois Environmental Protection Agency, and any other governmental agency that has a regulatory interest in the project, and provide all other services to secure permit approval. G. Prepare bid forms, notices and addenda as necessary for bidders, in accordance with City's standard front end documents. 2. Construction Phase Services. The ENGINEER shall provide the following services: A. Provide (20) sets of drawings and specifications to be issued by the City to prospective bidders. B. Assist the City in evaluating bids and make recommendations concerning the award of contracts. 2 C. Assist the City in preparation of six (6) conforming copies of contracts. D. Review shop drawings and data submitted by construction contractors for general conformity to the contract drawings and specifications. E. Make 10 one-day visits to the site of the work during the construction and consult with the City concerning the progress of construction. F. Review all routine and final estimates and make recommendations to the City regarding payments to the contractor, and report regularly to the City upon the progress and quality of work. G. Upon completion of the work, revise construction drawing to conform to construction records. The record drawings shall be submitted to the City in Mylar and in CD-ROM. Files shall be generated either in InterGraph or Auto-CAD format. Register the digitalized line into City's existing geographical projection system. The City of Elgin uses State Plan 83 East Illinois Region System. A detailed Scope of Services is set forth in the ENGINEER's proposal Parts A and B thereof dated March 3, 2003, and the CITY's Request For Proposals dated February 4, 2003, attached hereto and made a part hereof as Attachments A, B and C, respectively. In the event of any conflict between the terms of this agreement and terms of such attachments, the terms of this agreement shall control. II. WORK PRODUCT All work product prepared by the ENGINEER pursuant hereto including, but not limited to reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall become the property of the CITY and shall be delivered to the CITY upon its request, provided, however, that the ENGINEER may retain copies of such work products for its records. Such work product is 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 3 CITY without liability to the ENGINEER. III. PAYMENTS TO THE ENGINEER A. Lump Sum Method A.1 The CITY shall pay the ENGINEER for its services under this Agreement a lump sum fee of Twenty Nine Thousand Eight Hundred Ninety ($29,890) regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the CITY. A listing of the ENGINEER's current hourly rates is set forth in Exhibit B attached hereto. A.2 The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments for each task shall not be made until the task is completed and accepted by the CITY. A.3 Schedule / Phases of the Project: The design Services provided in this agreement shall be completed in forty two days following the date of the Notice-to-proceed. The schedule for the construction phase services shall be determined by the CITY during the design phase of the project. IV. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports shall be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit an 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 such records available at reasonable times during the Agreement period, and for three years after termination of this Agreement. 4 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 total amounts set forth under paragraph III or IV above, whichever is less. 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 V, shall be deemed concluded on the date the CITY 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 term or provision of the Agreement which rights or claims shall survive the termination of this Agreement. 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 its claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless such notice is so provided. Any changes in the ENGINEER's fee in excess of $10,000 or over 10% of the original lump sum fee shall be valid only to the extent that such changes are in writing and signed by the CITY and the ENGINEER and approved by City Council. Regardless of the decision of the CITY relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the CITY shall proceed without interruption. VIII. BREACH OF CONTRACT All of the terms and provisions of this agreement are material. If either party violates or breaches any term 5 of this Agreement, such violation or breach shall be deemed to constitute a default, and the non-breaching party shall have the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach. If either party, by reason of any default, fails within fifteen (15) days after written notice thereof by non-breaching party to comply with the conditions of the Agreement, the non-breaching party may terminate this Agreement. IX. 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 action against the CITY 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 and/or expiration of this AGREEMENT. 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. Commercial Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy written in occurrence form of commercial general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. 6 The ENGINEER shall deliver to the CITY a Certificate of Insurance naming the CITY as additional insured. Such policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. Such Certificate of Insurance shall include coverage for contractual obligations assumed by the ENGINEER under Article IX herein. This 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 modifications of this insurance to make it excess over other available insurance; alternatively, if the insurance states that it is excess or prorata, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. ENGINEER shall maintain Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $1,000,000 per occurrence for damage to property. C. Combined Single limit Policy. ENGINEER'S requirements for insurance coverageforliability 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/$3,000,000 aggregate. A Certificate of Insurance shall be submitted to the CITY as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to Larry E. Deibert, Director of Water Department. XII. 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 7 of sex, age, race, color, creed, national origin, marital status, or 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 this Agreement by the CITY. XIII. 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. XIV. DELEGATION 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. XV. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, 8 create or establish the relationship of co-partners, joint venture or employment between the CITY and the ENGINEER, or as constituting the ENGINEER as a general representative or general agent of the CITY for any purpose whatsoever. XVI. SEVERABILITY The terms of this agreement shall be severable. The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall he held to be void or otherwise unenforceable for any reason, all other portions of this Agreement shall remain in full force and effect. XVII 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 thereof or the interpretation or construction thereof. XVIII MODIFICATIONORAMENDMENT This Agreement and its attachments constitute the sole and 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. XIX. 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 enforcement of any rights and the resolution of any and all disputes shall be in the Circuit Court of Kane County, Illinois. 9 XX. NEWS RELEASES The ENGINEER may not issue any news releases without prior written approval from the CITY, nor may the ENGINEER make public any reports or documents developed under this Agreement without prior written approval from the CITY prior to said documentation becoming matters of public record. XXI. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXII. 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. XXIII. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have a written sexual harassment policy that includes, 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 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 Human Rights Act. A Copy of such policy must be provided to the Department of Human Rights upon request. P.A.87-1257. 10 XXIV. PREVAILING WAGE/PAYMENT OF TAXES. The ENGINEER shall comply with the requirements of the Prevailing Wage Act (820 ILLS 130/0.01 et seq.) The ENGINEER certifies it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. XXV. WRITTEN COMMUNICATIONS All recommendations and other communications by ENGINEER to the CITY and other participants which may affect cost or time of completion shall be made or confirmed in writing. The CITY 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: Larry E. Deibert, Director of the Water Department City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 C. As to ENGINEER: Craig W. Brunner, P.E. Vice President Metcalf & Eddy 8420 Bryn Mawr, Suite 750 Chicago, Illinois 60631 XXVII FORCE MAJEURE Engineer will not be responsible for any delay or failure of performance caused by fire or other casualty, labor dispute, government or military action, transportation delay, inclement weather, Act of God, act or omission of the City 11 or its other Contractors, failure of any government authority to timely review or to approve the services or to grant permits or approvals, or any other cause beyond Engineer's reasonable control. XXVIII DISPUTES If a claim or dispute arises out of this Agreement or its performance, the parties agree to endeavor in good faith to resolve it equitably through negotiation or, if that fails, through nonbinding mediation under the rules of the American Arbitration Association, before having recourse to the courts. However prior to or during negotiation or mediation, either party may initiate litigation that would otherwise become barred by a statute of limitations. IN WITNESS WHEREOF, the undersigned have placed their hands and seal 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 CITY: ATTEST: CITY OF ELGIN ge, By 111�e� B '�C i�a�a City Clerk 7, For the ENGINEER: Dated this day of A.D. 2003 WITNESSED: By cx�W/4 By (Prin -name) (Print Name) zv Officer Title (SEAL) 12 <' City Of E! 111 Agenda Item No. F, Ni tt PPlir r � Y� March 21, 2003 13�N4 TO: Mayor and Members of the City Council N FROM: David M. Dorgan, City Manager SUBJECT: Award of Engineering Services Agreement with Metcalf & Eddy for Bartlett Water Distribution System Interconnection PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorization of an engineering services agreement for design, bidding and construction phase services for an interconnection between City of Elgin and Village of Bartlett Water Distribution Systems. BACKGROUND Water Service to the industrial and commercial customers along Gifford Road is provided through a single 12-inch water main. Historically there have been several main breaks which put these customers not only out of service, but typically out of business until service is restored. To provide a second main and loop this system is not economically feasible at this time. A second alternative is to interconnect the water distribution systems of City of Elgin with the Village of Bartlett. This interconnection will be designed and constructed so that it could serve either community in times of water service problems. This interconnection will be along west Bartlett Road, east of Gifford Boulevard where the City of Elgin has a 12-inch water main on the north side of Bartlett Road and the Village of Bartlett has a 12-inch water main on the south side of Bartlett Road. Barnett Interconnection March 21, 2003 Page 2 The interconnection piping and appurtenances are to be contained in an underground vault on the north side of Bartlett Road in an easement from Elgin,Sweeper. The+ project, .includes two water meters in the vault with appropriate bypass piping, check valves, and pressure sensing control devices. The Water Department requested proposals for services from five engineering firms. Four firms returned formal proposals with price quotes separately submitted. These four proposals were individually evaluated by a Water Department selection team. The engineering firm of Metcalf & Eddy was selected the best qualified for this work. After ranking all firms, fees from all submittals were opened. A copy of the proposals evaluation form is attached. The fees for the firms are as follows: Metcalf & Eddy (M&E) $29,890 Stand Associates (SA) $35,135 Burns & McDonnell (B&M) $42,643 Alvord, Burdick & Howson (AB&H) $52,200 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Village of Bartlett Elgin Sweeper Company \ FINANCIAL IMPACT The total costs of Metcalf & Eddy's engineering services are $29,890. There are sufficient funds budgeted ($140,000) in the water portion of the upcoming 2003 Bond sale, account number 383-4000-795.92-41, project number 409590 to enter into this ( contract. M„' v""GA coL IMPACT An agreement will need to be approved by the Legal Department. Bartlett Interconnection March 21, 2003 Page 3 ALTERNATIVES 1. Do not award the contract at this time. 2. Award the contract to a different firm. RECOMMENDATION It is recommended that the City Council authorize the execution of an agreement for Engineering Services with Metcalf & Eddy of Chicago, Illinois, for design, bidding and construction phase engineering services for the interconnection between City of Elgin and Village of Bartlett Water Distribution Systems. Respectfully y submitted, D Dor an City Manager LED/PLB Attachments