04-182 Resolution No. 04-182
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
STANLEY CONSULTANTS, INC. FOR INTERCEPTOR SEWER
CONSTRUCTION INSPECTION SERVICES IN THE FAR WEST AREA
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 Stanley Consultants, Inc. for
interceptor sewer construction inspection services in the far west area, a copy of which is attached
hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: July 14, 2004
Adopted: July 14, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT,made and entered into this Qtyjkay of , 2004,by and
between the CITY OF ELGIN, an Illinois municipal corporation (here after referred to as
"CITY") and S4a n key Co As u l t a n ks) e(lc • (hereinafter referred to as
"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with Interceptor Sewer Construction Inspection (hereinafter referred to as
the"PROJECT").
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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, for and in consideration of the mutual undertakings as set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and the ENGINEER agree that the City does hereby retain the
ENGINEER to act for and represent the City in the engineering matters involved in the Project as
set forth herein subject to the following terms conditions and stipulations, to wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City Engineer of
the CITY.
B. The Engineer shall provide all necessary services to provide construction
observation for the construction of interceptor sewer plans as approved by the Fox River
Water Reclamation District and the City of Elgin.
C. A detailed Scope of Services is attached hereto as Exhibit A.
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2. PROGRESS REPORTS
A. For CONSTRUCTION INSPECTION, The ENGINEER shall submit to the City
Engineer weekly inspection reports and monthly a Status Reports keyed to the developers
Schedule included in the approved plans.
3. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including, but not
limited too, 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 CITY ENGINEER 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.
4. 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 (Exhibit B).
B. For outside services provided by other firms or subconsultants,tie CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER,plus / o.
C. 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
to the ENGINEER shall not exceed the amounts shown in the following schedule, and
full payments for each task shall not be made until the task is completed and accepted
by the ADMINISTRATOR.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
Progress reports (IIC above), if applicable, will be included with all payment
requests.
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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.
6. 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.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a
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 but no later than December 31, 2007. 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.
8. 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.
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9. BREACH OF CONTRACT
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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.
10. 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, its officers, employees,
agents,boards or commissions, 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 expiration and/or
termination of this agreement.
11. 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.
12. 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 written in occurrence form 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 Certification 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
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DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation
assumed by the ENGINEER under Article X entitled "Indemnification" shall be
provided.
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 modification of this insurance to make it excess over other
available insurance, alternatively, if the insurance states that it is excess or
prorate, it shall be endorsed to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile
Liability Insurance written in occurrence form 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.
13. 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.
14. 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,
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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.
15. 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.
16. 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.
Any proposed subcontractor shall require the CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership,joint venture,
employment or other agency relationship between the parties hereto.
18. 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.
19. 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,
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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
20. 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.
21. 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 resolution of any
disputes or the enforcement of any rights pursuant to this agreement shall be in the
Circuit Court of Kane County, Illinois.
22. NEWS.RELEASES
The ENGINEER may not issue any news releases without prior approval from
the CITY ENGINEER, nor will the ENGINEER make public proposals developed
under this Agreement without prior written approval from the CITY ENGINEER
prior to said documentation becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this
contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or
federal statute regarding bid rigging.
25. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include, at a minimum, the following information:
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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 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the
CITY ENGINEER and to other participants which may affect cost or time of
completion, shall be made or confirmed in writing. The CITY ENGINEER may also
require other recommendations and communications by the ENGINEER be made or
confirmed in writing.
27. 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:
Joseph Evers, P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
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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 . . g..rBY___ -.31tA"'IL:141 ‘)"°7e"-'
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this . 22 day of , A.D., 2004.
ATTEST:
By . . By TALli -3-.
Secretary U President
(SEAL)
FEB 2004
Interceptor San Agmt
EXHIBIT A
SCOPE OF WORK
CONSTRUCTION INSPECTION AND DOCUMENTATION
1. ENGINEER shall provide a project representative, assistants, and other field staff to
assist the CITY in observing the progress of and performance by developers and their
contractors, agents, etc. at specific project sites as more fully described below:
a. Observe as an experienced and qualified design professional the progress and quality
of the executed work and to determine if the work is proceeding in accordance with the
approved and permitted plans. ENGINEER shall make continuous on-site inspections to
check the quality or quantity of work; he shall not be responsible for the means,methods,
techniques, sequences or procedures of construction selected by developers or their
contractor(s) or agents or the safety precautions and programs incident to their work.
EENGINEER shall specifically not have the authority or responsibility to issue
construction stop work orders nor shall ENGINEER have responsibility charge of the
construction site or contractor operations. His efforts will be directed toward informing
the CITY of compliance or non-compliance of the project with the approved plan
documents, and he shall not be responsible for the failure of developers or their
contractor(s) or agents to perform the construction work in accordance with the approved
and permitted plans, City ordinances and all Fox River Water Reclamation District's
(FRWRD) ordinances and regulations. The ENGINEER shall keep the CITY AND
FRWRD informed of the progress of the work, shall endeavor to guard the CITY against
defects and deficiencies in the work of developers or their contractor(s) and may
recommend that the CITY reject the work as failing to conform to the approved and
permitted plans.
b. Attend meetings with developers, their respective contractor(s) and agents, such as
pre-construction conferences,progress meetings,job conferences and other project related
meetings, and prepare and circulate copies of minutes thereof.
c. Serve as liaison between CITY and developers in conveying information and project
status reports and in obtaining from developers, their contractors and agents, additional
details or information required to evaluate the project.
d. Within 5 working days,report to the CITY the discovery of an unsatisfactory, faulty or
defective work which ENGINEER believes would not conform to the approved and
permitted plans or work that has been damaged or does not meet the requirements of any
inspection, test or approval required to be made, and advise the CITY of any work that
ENGINEER believes should be corrected or rejected or should be uncovered for
observation or requires special testing inspection or approval.
e. Consider and assist the CITY in evaluating suggestions or requests made by developers
and their consultants for modifications in approved and permitted plans and transmit to
developer decisions as issued by the CITY.
f. Furnish weekly and periodic reports on the progress of the work and of developers
compliance with the approved and permitted plans and progress schedules, consult with
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the CITY and advise when major tests are scheduled, and assist the CITY in conducting
final inspections at completion of the project improvements.
g. Based on the on-site observations and evaluation of the progress of the work as an
experienced and qualified design professional, review applications for partial and
complete release of financial surety posted by developers and make recommendations to
the CITY. Such recommendations will constitute a representation to the CITY,based on
such observations and review, that the work has progressed to the point indicated and
that, to the best of his knowledge, information and belief, the quality of the work is in
accordance with the approved and permitted plans (subject to an evaluation of the work
as a functioning project) upon substantial completion, to the results of any subsequent
tests called for in the approved and permitted plans, and to any qualification for payment.
The ENGINEER will not be deemed to have represented that he has made any
examination to determine how or for what purposes any developer or their contractor(s)
or agents have utilized moneys paid on account, or that title to any of the contractor(s)
work, materials or equipment has passed to the CITY free and clear of any lien, claims,
security interests or encumbrances.
h. In conducting job site observations and providing construction review services, the
ENGINEER shall be bound by certain limitations in the scope and extent of services as
described below:
i. ENGINEER shall not authorize any deviations from the approved and permitted
plans or substitution of materials or equipment without the approval of the CITY
following receipt and review of a properly documented request by developer
accompanied by a concurrence and/or amended plan document from developer's
professional engineering consultant.
ii. ENGINEER shall not undertake any of the responsibilities of developer and/or
developer's contractors or agents.
iii. ENGINEER shall not advise on, issue directions relative to, or assume control
over any aspect of the means, methods, techniques, sequences or procedures of
construction by contractors engaged by developer. ENGINEER shall instead notify the
CITY, within 5 working days, and relay instructions from CITY to developer.
iv. ENGINEER shall not advise on, issue directions regarding, or assume control
over safety precautions, traffic controls or safety programs in connection with the work.
2. Following substantial completion of improvements and at the request of the CITY,
review record drawings submitted on behalf of developers, issue an opinion as to content
and completeness, and evaluate the Record drawings to determine whether or not they
demonstrate the project was constructed in substantial accordance with the approved and
permitted plans and design intent and/or prepare a list of observed or apparent
deficiencies. On behalf of the CITY, relay such comments and lists of deficiencies to
developer, conduct follow-up inspections with the CITY representatives to check
remedial measures undertaken by developer, and issue a final project status report and
recommendation for release of financial surety.
2
SuAe.ovt.,c ot= Fses
Hourly Fees
United States
Office-Based Members
Fiscal Year 2004-2005
Classification Hourly Rates
SC-1 $28.80
SC-2 36.25
SC-3 43.50
SC-4 49.85
SC-5 56.30
SC-6 .62.65
SC-7 .69.80
SC-8 76.00
SC-9 .81.85
SC-10 88.75
SC-11 96.35
SC-12 103.75
SC-13 111.45
SC-14 120.25
SC-15 ..129.80
SC-16 .144.60
SC-17 165.70
SC-18 186.25
SC-19 215.00
Interest at the rate of 1-1/2%per month will be charged on invoices not paid within 30 days.
These rates are subject to change on or after April 2,2005.
Form M 04-05
CoeJT ti11...4c0
Representative Positions
Classification Position Title
SC 16- 19 Project Principal Chief Engineer
Officer Resident/Construction Manager
Project Manager
SC 15- 17 Project Principal Resident/Construction Manager
Chief Architect Project Manager
Consultant Chief Engineer
SC 13- 17 Project Principal Economist
Principal Engineer Resident Engineer
Project Manager Consultant
Principal Planner Principal Architect
SC 11 - 16 Sr. Architect Economist
Survey Manager Sr. Engineer
Sr. Cost Estimator Sr. Planner
Sr. Environmental Analyst
SC 9- 12 Architect Planner
Expediter Cost Estimator
Engineer Sr. Designer
Construction Associate Environmental Analyst
SC 6-9 Sr.Technician Architect
Engineer Associate/Designer
Survey Party Chief Environmental Analyst
SC 3-7 Engineering Asst. Graphic Technician
Instrument Operator Technician
Field Surveyor Designer
SC 1 -5 Secretary Aide
Survey Technician Clerk Typist
Technician Clerk
Form CB 04-05