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04-202 Resolution No. 04-202 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CIVIL ENGINEERING SERVICES, INC. FOR THE COUNTRY KNOLLBROOKSIDE NEIGHBORHOOD STREET REHABILITATION PROJECT 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 Civil Engineering Services,Inc. for construction engineering services for the Country Knoll/Brookside Neighborhood Street Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference. s/Robert Gilliam Robert Gilliam, Mayor Pro Tern Presented: July 28, 2004 Adopted: July 28, 2004 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk , AGREEMENT THIS AGREEMENT, made and entered into this `l day of , 2004,by and between the CITY OF ELGIN, an Illinois municipal corporation ( erei after referred to as "CITY") and CIVIL ENGINEERING SERVICES, INC., an Illinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 2004 RESURFACING—COUNTRY KNOLL/BROOKSIDE (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, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the 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: 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. Services to be provided by the Engineer are as follows: 1. Project Administration 2. Construction Layout 3. Construction observation 4. Documentation 5. Material Inspection C. A detailed Scope of Services is attached hereto as Attachment A. - 2 - II. PROGRESS REPORTS A. An outline project milestone schedule is provided as follows: 1. July 6, 2004—Begin construction—begin construction observation 2. October 1, 2004—Complete construction 3. October 15, 2004—Complete punch list items—complete construction observation B. A detailed project schedule for the Project is included as Attachment B, attached hereto. 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 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 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(Not To Exceed Method) A. For services provided the ENGINEER shall be reimbursed at the rate of 3.0 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $46,000.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 5% . Any such fees are included in the above referred amount of $46,000.00 . - 3 - C. Following are direct costs (reimbursables.) included in the above referred amount of $46,000.00 : Mileage ($0.37/mile) $895.00 D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. 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 of execution and, unless terminated for cause or pursuant to Article VI, shall terminate 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. - 4 - VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 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 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 termination of this Agreement XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. - 5 - 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 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 DIRECTOR. Such certificate of insurance shall include all Contractual obligations assumed by the ENGINEER pursuant to Article X herein, entitled "Indemnification". 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. - 6 - 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, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. - 7 - XVII. 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. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. 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. 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. - 8 - XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING 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. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; 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. 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. - 9 - XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: WILLIAM S. SCHMANSKI, P.E. President Civil Engineering Services, Inc. 700 E. Diehl Road, Suite 180 Naperville, IL 60563 - 10 - IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN BY BY / City Clerk City Mana= -r (SEAL) For the ENGINEER: Dated this Z/---day of , A.D., 2004. ATTEST: ' By .c,a-,_ By - /Secretary Presi s ent (SEAL) OFFICIAL SEAL MARGARET M. ROGERS 4 Notary Public — State of Illinois ■ My Commission Expires Sept.12,2007 j • EXHIBIT A-SCOPE OF SERVICES Civil Engineering Services scope of construction engineering services include but are not limited to the following activities. These activities can be adjusted at the discretion of the City to address specific project requirements or budget constraints. Project Administration • Post contract items completed, in a quantity • Attend preconstruction meeting book(IDOT forms BC 623, BC 624 and BC • Conduct weekly progress meetings with 625) showing the date the work was done, the Contractor and City approximate location, the quantities done that • Establish and maintain project records in day,the total quantities to date,the evidence of accordance with IDOT as detailed below material inspection for that item, the source of the progress documentation, the source of Construction Layout documentation for the final quantity and • Provide construction layout for limits of authorizations increasing and/or decreasing grinding and curb and gutter, sidewalks and contract quantities driveways to be removed and replaced • Document project progress with weekly report of resident (IDOT form BC 235) showing the Construction Observation hours worked, the controlling item, and a • Provide full-time on-site monitoring of the summary of the Contractor's and Contractor's activities for compliance with the Subcontractor's operations plans and specifications • Assist Contractor in producing and updating • Notify City and Contractor of work or materials monthly project schedule(IDOT form BC 255) not in compliance with the plans and listing work items, quantities and units, daily specifications production rates,and working days required for • Check traffic control daily for compliance with the project MOT highway standards • Prepare partial payment estimates(DOT form • Conduct final inspection of project with City BLR 6302) and produce punchlist • Prepare change orders(IDOT form BLR 6301) • Prepare final payment estimate(IDOT form Documentation BLR 6303) • Maintain a daily diary recording weather • Maintain a set of record drawings on which conditions, work done by Contractor's forces, all project changes are noted number of persons working, hours worked, traffic control inspections, important orders or Material Inspection discussions with the Contractor,official visitors • Coordinate geotechnical subconsultant involved and inspections,work or materials rejected and in testing of PCC and bituminous items reasons, account of time spent by Contractor's • Verify material compliance of other items workers or equipment on disputed items of through the use of IDOT form LA-15 work,length and cause of any delay,arrival and (Supplier's Certification Of Shipment Of departure of major equipment, record of Approved Materials)or other approved stamps important faxes or phone calls, unusual and tags conditions, if any, such as accidents, injuries, • Perform assignment of materials utilizing etc., and approval of extra work Resident Engineer Visual form for assignment • Provide daily account of contractor's work of small amounts of materials lacking IDOT (quantities completed each day)with inspectors inspection daily report / IDR (IDOT form BC 628) showing the date the work was done, which contractor or subcontractor performed the work, the weather conditions, the pay item numbers and descriptions, the location of the work, the pay item quantities and units, evidence of material inspection, and whether or not the quantity was posted in the quantity book EXHIBIT B - PROJECT SCHEDULE Observe sidewalk/curb & gutter August 2, 2004 removal &replacement Observe underdrain installation August 23, 2004 Observe grinding August 30, 2004 Observe structure adjustments September 6, 2004 Observe paving September 13, 2004 Observe punchlist October 1, 2004 Complete construction observation October 15, 2004 G y City of Elgin Agenda Item No. 4 ,l�jj TED FE , E tii I� L I , - 0 G '"" X10 July 9,2004 r _ 1 1 Rr►ar�I STABLE CITYGCNERNMENT TO: Mayor and Members of the City Council FINANCIALLY SERVICES, AND O AAUTY INFRASTRUCTURE FROM: David M. Dorgan, City Manager John M. Loete,Public Works Dire for SUBJECT: Engineering Services Agreement with Civil Engineering Services (CES) for Construction Observation of the Country Knoll/Brookside Neighborhood Street Rehabilitation Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with CES for construction engineering services for the Country Knoll/Brookside Neighborhood Street Rehabilitation Project. RECOMMENDATION It is recommended that City Council authorize the City Manager to execute the agreement with CES in the not-to-exceed amount of$46,000.00. BACKGROUND At their meeting on May 12, 2004 the City Council awarded the bid for the subject project to Callaghan Paving for a cost of $744,119.75. The project will include the removal and replacement of curb and gutter and sidewalk where necessary and repair of the pavement base. The existing pavement will be ground out and replaced with 5 inches of new asphalt. Construction is scheduled to begin July 19,2004. Bid documents for the Neighborhood Street Rehabilitation projects are prepared in-house by a construction inspector, who then oversees the project's construction. The engineering inspector assigned to this project recently had to have surgery on his ankle. Physical limitations placed on him during recovery only allow him to perform desk work and he will not be able to perform inspections in the field. Due to the current project workload, another in-house inspector is not available. It is therefore being recommended that a consultant be hired to provide the necessary inspection. Eng Services Agrmnt for the Country Knoll/Brookside Neighborhood St. Rehab. Proj. """' July 9,2004 Page 2 Requests for proposals for the construction inspection were solicited from three firms, CES, K Plus Engineering and Hampton, Lenzini and Renwick on June 9, 2004. Staff evaluation of the three proposals resulted in CES being selected as having the most qualified personnel assigned to the project. Upon selection, CES met with staff to finalize the project scope and negotiate a fee. The final negotiated fee is not to exceed$46,000.00. A copy of the proposed engineering services agreement is attached as Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None OP—FINANCIAL IMPACT The agreement with CES will cost $46,000.00. Funding in the amount of $1,939,550 was budgeted in account number 275-0000-791.93-80 for 2004 Neighborhood Street Rehabilitation projects with $800,000 specifically budgeted for project number 39906A, Country Knoll/Brookside. Funds encumbered to date for this project total $744,359.69 leaving a balance of$55,640.31 to fund this engineering services agreement. LEGAL IMPACT VaVNone ALTERNATIVES 1. Approve the engineering services agreement with CES. 2. Do not approve the agreement with CES. Respectfully submitted for Council consideration. JML/do Attachment