07-250 Resolution No. 07-250
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ENGINEERING ENTERPRISES, INC.
(St. Charles Street Water Main Replacement)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Engineering Enterprises,Inc.for
design engineering services for the St. Charles Street Water Main Replacement,a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 10, 2007
Adopted: October 10, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AGREEMENT
THIS AGREEMENT is hereby made and entered into this`14 day of.401, 2007, by
and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as
"CITY") and Engineering Enterprises, 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 the St. Charles Street Watermain Replacement (hereinafter referred
to as the"PROJECT"); and
WHEREAS, the ENGINEER represents that it 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 promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the CITY and
ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent
CITY in the engineering matters involved in the PROJECT as set forth herein, subject to the
following terms, conditions and stipulations:
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. The ENGINEER shall furnish professional design engineering services as follows:
I. The ENGINEER will attend conferences with the OWNER, or other
interested parties as may be reasonably necessary. A total of four (4)
meetings are anticipated.
2. The ENGINEER will perform the necessary design surveys, accomplish the
detailed design of the project, prepare construction drawings, specifications
and contract documents (City of Elgin Format), and prepare a final cost
estimate based on final design.
3. The ENGINEER will coordinate the subsurface explorations without
additional charge, but the costs incident to such work shall be paid for by the
CITY as set out in Section IV hereof.
4. The ENGINEER will coordinate the wetland delineation and associated
permitting without additional charge, but the costs incident to such work shall
be paid for by the CITY as set out in Section IV hereof.
5. Prior to the advertisement for bids, the ENGINEER will provide, not to
exceed four (4) copies of detailed drawings, specifications, and contract
documents for use by the CITY. The ENGINEER will provide the necessary
copies of the detailed drawings, specifications, and contract documents to the
appropriate Federal, State, and local agencies from whom approval of the
project must be obtained. It is anticipated that permits will be necessary from
the IEPA, IDOT and the USACOE. The cost of such drawings, specifications,
and contract documents shall be included in the basic compensation paid to
the ENGINEER. Any fees associated with the permit applications shall be
paid for by the CITY.
6. The ENGINEER will furnish additional copies of the drawings, specifications
and contract documents as required by prospective bidders, material suppliers,
and other interested parties, but may charge them for the reasonable cost of
such copies. Upon award, the ENGINEER will furnish to the CITY three (3)
sets of the drawings, specifications and contract documents for execution.
The cost of these sets shall be included in the basic compensation paid to the
ENGINEER.
7. The ENGINEER shall prepare and furnish to the CITY without any additional
compensation, three copies of map(s) showing the general location of needed
construction easements and permanent easements and the land to be acquired.
Property surveys, property plats, property descriptions, abstracting and
negotiations for land rights shall be accomplished by the CITY, unless the
CITY requests, and the ENGINEER agrees to provide those services. In the
event the ENGINEER is requested to provide such services, the ENGINEER
shall be additionally compensated as set out in Section IV hereof
8. The ENGINEER will attend the bid opening and tabulate the bid proposal,
make an analysis of the bids, and make recommendations for awarding the
contract for construction.
II. PROGRESS REPORTS
A. ENGINEER shall comply with the project milestone outline schedule which is
included as Attachment A, attached hereto. Progress will be recorded on the project
schedule and submitted monthly as a component of the Status Report described in B
below.
B. The ENGINEER will submit to the DIRECTOR a monthly 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, specifications, maps,
contract documents, 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 to the
ENGINEER.
IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at an hourly rate for the
classifications of employees who perform work on the project, with the total fee not to
exceed $25,000 regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of the work are and amendments to the maximum
payment provided for herein. The Standard Schedule of Charges is attached in
Attachment B.
B. For outside services provided by other firms or subconsultants, the CITY shall pay the
ENGINEER the invoiced fee to the ENGINEER. Any such invoiced fees to ENGINEER
shall be included with and construed as part of the above-referenced amount of$25,000.
The ENGINEER will be utilizing Terracon for the subsurface exploration, their proposal
is attached in Attachment C. The ENGINEER will be utilizing Planning Resources, Inc.
for the Wetland Permitting and Section 404 Permitting, their proposal is attached in
Attachment D.
C. All reimbursable expenses shall be itemized and reimbursed to ENGINEER;
provided, however, that such reimbursable expenses shall constitute and be construed
as inclusive with and a portion of the aforementioned $25,000 not-to-exceed amount.
Reimbursable expenses shall be those expenses reasonably arising out of or in
connection with ENGINEER'S work on the PROJECT which are not fees or costs
otherwise provided for in this Agreement. Whether a reimbursable expense is
deemed to reasonable arise from the PROJECT shall be subject to the approval of the
DIRECTOR.
D. 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 DIRECTOR.
Date Progress Estimated Billings
November 1: 20% Complete Estimated Amount Billed: $5,000
December 1: 50% Complete Estimated Amount Billed: $7,500
January 1: 80% Complete Estimated Amount Billed: $7,500
February 1: 90% Complete Estimated Amount Billed: $2,500
March 1: 95% Complete Estimated Amount Billed: $1,250
April 1: 100% Complete Estimated Amount Billed: $1,250
V. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
Progress reports (IIB 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;
provided, however, that such payment shall not exceed the total fee maximum or task
amounts set forth under Paragraph IV above.
VII. 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 VI or IX,
shall be deemed concluded on the date the CITY determines that all of the
ENGINEER's work under this agreement is completed and accepted by CITY. 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.
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 any
employees subcontractors, assignees or agents of the ENGINEER arising out of the
performance of this Agreement. The ENGINEER further agrees to and shall, to the
fullest extent permitted by law, indemnify, defend and hold harmless the CITY, its
officers. Employees, agents, boards, and commissions from any and all claims, suits,
judgments, costs, attorney's fees, damages, liens or other relief in any way resulting
from or arising out of any agreement, assignment, delegation or subcontract entered
into between the ENGINEER and any third party, including but not limited to such
third parties identified in Paragraph IV.B herein. In the event of any such 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 or expiration 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.
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, but not be limited to, coverage for the
obligations assumed by ENGINEER pursuant to Article X herein entitled
"Indemnification".
Such above-referenced 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
prorated, 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.
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.
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, except to such
extent as may be specifically provided for herein.
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.
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.
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:
Bradley P. Sanderson, P.E.
Vice President
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
XXVIII. COMPLIANCE,
Notwithstanding any other provision of this Agreement, it is expressly agreed and
understood that in connection with the performance of this Agreement that the
ENGINEER shall comply with all applicable Federal, State, City and other
requirements of law, including, but not limited to, any applicable requirements
regarding prevailing wages, minimum wage, workplace safety, and legal status of
employees. ENGINEER shall also at its expense secure all permits and licenses, pay
all charges and fees and give all notices necessary and incident to the due and lawful
prosecution and performance of the work, and/or the products and/or services to be
provided for in this Agreement.
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
B - \ By i+ .-
City Clerk Cis Manager
(SEAL)
For the ENGINEER:
Dated this 1st day of October, A.D., 2007
ATTEST:
By J)-16-efL By
Secretary Vice President
(SEAL)
PROJECT MILESTONE SCHEDULE AttachmentA
ST. CHARLES STREET WATER MAIN REPLACEMENT
City of Elgin
Work Item SEPT' OCT OI_ NOV I DEC I JAN I FEB I MAR I2APR I MAY I JUNE' JULY
PHASE 1 -FIELD RECONNAISSANCE AND PLANNING
1010 Prepare Project Management Plan
1020 Project Initiation(Kick-off)Meeting v
1030 Private and Public Utility Information Collection&Review(Design JULIE,City Atlas Maps) - '
1040 Geotechnical Investigation(Coordination, Field Work, Review Report) _.
1050 Wetland Delineation(Coordination, Field Work, Review Report) _ ,
PHASE 2-FINAL DESIGN
2010 Topographic Survey
2020 Prepare Water Main Route Analysis(Final Engineering Plans&Specifications-50%) — _ — -
2030 Review Water Main Route Analysis w/City(Final Engineering Plans&Specifications-50%)
2040 Prepare Final Engineering Plans,Specifications, Cost Est.-90%
- I
2050 Review Plans, Specification, Cost Est.w/City-90%
2060 Permitting(ACOE, IDOT, IEPA) _
2070 Prepare Final Engineering Plans, Specifications, Cost Est.- 100%
2080 Review Plans, Specification,Cost Est.w/City- 100% _,
2090 Bidding, Letting &Contracting
LEGEND
WORK ITEM
CITY REVIEW/AGENCY REVIEW
PROJECT MEETING
G:\Public\Elgin\2007\EG0705 St.Charles Street Water Main Replacement\Eng\Proposal Schedule
PI er`t-
52 Wheeler Road •Sugar Grove,IL 60554
TEL:630/466.9350
FAX:630/466-9380
STANDARD SCHEDULE OF www.eehveb.com
Engineering January 1, 2007
Enterprises,
Inc.
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $171.00
Principal E-3 $159.00
Senior Project Manager E-2 $147.00
Project Manager E-1 $135.00
Senior Project Engineer/Planner/Surveyor II P-6 $123.00
Senior Project Engineer/Planner/Surveyor I P-5 $114.00
Project Engineer/Planner/Surveyor P-4 $105.00
Senior Engineer/Planner/Surveyor P-3 $ 96.00
Engineer/Planner/Surveyor P-2 $ 87.00
Associate Engineer/Planner/Surveyor P-1 $ 78.00
Senior Project Technician II T-6 $114.00
Senior Project Technician I T-5 $105.00
Project Technician T-4 $ 96.00
Senior Technician T-3 $ 87.00
Technician T-2 $ 78.00
Associate Technician T-1 $ 69.00
Administrative Assistant A-3 $ 78.00
CREW RATES,VEHICLES AND REPROGRAPHICS
1 Man Field Crew with Standard Survey Equipment $126.00
2 Man Field Crew with Standard Survey Equipment $195.00
1 Man Field Crew with RTS or GPS * $1 56.00
2 Man Field Crew with RTS or GPS * $225.00
Vehicle for Construction Observation $ 14.00
In-House Scanning and Reproduction $0.25/Sq. Ft. (Black&White)
•
$1.00/Sq. Ft. (Color)
"RTS=Robotic Total Station/GPS=Global Positioning System
G:IEEhDocsTormslGenerarSSC-Std Schedule of ChegesISTADS01G7-Final.DOC
Consulting Engineers Specializing in Civil Engineering and Land Surveying
•
A --4-a. arei e,n-I- G
September 12,2007
lierracon
Consulting Engineers a Scientists
4838 Colt Road
Engineering Enterprises, Inc. Roddord,Illinois 61109
44W110 US Hwy 20 Phone 815.873.0990
Fax 815.873.0991
Hampshire, IL 60140
wwuv.terracon.00m
Attention: Ms.Morrison
RE: Proposal for Subsurface Exploration Services
Watermain Improvements
Elgin,Illinois
Terracon No.PD1907112
Ms. Morrison:
Terracon, Inc. appreciates the opportunity to submit a proposal to perform a geotechnical
subsurface exploration for the above referenced project. This proposal outlines our
understanding of the scope of services to be performed by Terracon for this project and
provides an estimate of the fee for our services.
A. PROJECT DESCRIPTION
We understand the proposed project will consist of Watermain Improvements along St
Charles Street in Elgin, Illinois.Only soil identification and stratification is requested for this
location. No engineering recommendations will be provided.
The following information has been provided to our geotechnical engineering staff.
1. Project description
2. Conceptual Site Plan
3. Boring Locations
If available,the following Information should be provided to our geotechnical
engineering staff
1. Current site elevations
B. SCOPE OF SERVICES
The services to be provided by Terracon are stated in the following paragraphs.
Field Program — In accordance with your request, a total of three (3) borings will be
performed for this project. Two (2) borings will extend to a maximum depth of twenty
(20)feet and one (1) boring to a depth of ten (10) feet. Borings will extend or auger
refusal, whichever occurs first. If bedrock is encountered, it will not be cored. Boring
program summary is attached.
•
Watermain Improvements Terracon Consultants,Inc.
Elgin,Illinois
Terracon Proposal No.PD1907112
September 12,2007
Groundwater levels will be monitored during and after borehole drilling operations.
Sampling will be in accordance with our standard procedures wherein split-barrel samples
(ASTM D-1586) are obtained at intervals of five feet. Once the samples have been
collected and classified in the field,they will be placed in appropriate sample containers for
transport to our laboratory.
In the laboratory, soil samples will be visually classified in accordance with the Unified
Soil Classification System(USCS).
Computer generated boring logs with soil stratification based on visual soil classification
will also be provided. No engineering interpretation or recommendations will be
Included in this scope of services.
Our fee is based on the site being accessible to all-terrain vehicle mounted driilina
eauipment and the client providing layout of the borinas (elevations will be reference to
the existing around surface); additional costs may result If this is not the case. It does
not include services associated with site dearing, wet ground conditions,or location of
underground utilities beyond contacting ra "one-call" locate service. if such conditions
are known to exist on the site, Terracon should be notified so that we may adjust our
scope of services and fee,if necessary.
Traffic control for the boring within the St Charles Street right-of-way will be provided by
Terracon.
For safety purposes, all borings would be backfIlled immediately after their completion.
Excess auger cuttings would be disposed of on the site. Because backfill material often
settles below the surface after a period of time, we recommend the boreholes be
checked periodically and backfilled If necessary. We could provide this service at your
request or grout the holes but this would involve additional cost.
Schedule- The boring log transmittal will be provided within 20 calendar days of written
authorization to proceed. In situations where Information is needed prior to submittal of
our report, we can provide verbal information or recommendations for specific project
requirements after we have completed our field and laboratory programs.
C. COMPENSATION
For the scope of subsurface exploration services outlined in this pr000sa1, a lump sum
fee of $3,975.00 will be charged. Should subsurface conditions be encountered which
would require revisions in the subsurface exploration program and/or result in higher
costs, we will contact you prior to Initiating this work. Additional drilling footage will be
billed at a rate of $15.00/foot. The rate includes drilling, sampling, general laboratory
testing,and computer logs.
•
2
Watermain Improvements Terracon Consultants,Inc.
Elgin,Illinois
Terracon Proposal No.PD1907112
September 12,2007
D. CLOSURE •
This proposal may be accepted by executing the attached Agreement for Services and
returning one copy along with this proposal to Terracon. This proposal Is valid only if
authorized within sixty days from the listed proposal date.
We appreciate the opportunity to provide this proposal and look forward to the
opportunity of working with you.
Sincerely,
Terracon Consultants, Inc.
Eric D.K z,P.E
Principal!Office Manager
Attachments: Agreement for Services
3
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lrerracon
AGREEMENT FOR SERVICES
This AGREEMENT is between Enalneetfne EnterorlsesJnc("Mere)and Terracon Consultants.Inc.(Consultenr)for Services to be provided by
Consultant for Client on the Waterrna n improvements.Elain.Illnois project(Project),as described in the Project informalicn section of Consultant's
Proposal dated Seotember 112.2007('Proposer)unless the Project is otherwise described ki Exhibit A to this Agreement(which section or Ex hbl Is
incorporated Into this Agreement).
1. Scope of Services.The scope of Consultants services is described in the Scope of Services section of the Proposal("Services"),unless
Services are otherwise described in Eidibtt B to this Agreement(which section or erdiibit is incorporated Into this Agreement).Portions of the
Services may be subcontracted.. Consultants Services do not Include the investigation or detection of,nor do recommendations In Consultant's
reports address the presence or prevention of biological pollutants(e.g.,mold,fungi,bacteria,viruses,or their byproducts)or occupant safety
Issuea.such as vulnerability to natural disasters,t norism,or violence.if Services Include purchase of software.Client wit execute a separate
soinrare license agreement.Consultants findings,opinions,and recommendations are based solely upon data and information obtaii ned by and
furnished to Consultant at the time of the Services.
2. Acceptance.Client agrees that exearkon of this Agreement is a material element of the consideration Consultant requires to execute the
Services,and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Clients request,both
parties shell consider that commencement of Services constitutes formal acceptance of all terms and conditions of ads Agreement Additional
terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties.in the event Client uses a
purchase order or other form to administer this Agreement,the use of such form shat be for convenience purposes only and any additional or
conflicting terms It contains are stricken.This Agreement shall not be assigned by either party without prior written consent of the other party.
3. Change Orders.Client may request changes to the scope of Services by altering or adding to the SeMces to be performed if Client so
requests,Consultant will ream to Client a statement(or supplemental proposal)of the change setting forth an adjustment to the Services and
fees for the requested changes.Folowhg Client's.review,Client shall provide written acceptance.If Client does not fotiow these procedures,but
instead directs,authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant
ad be paid for this work according to the fees Mated or Its cement lee schedule.if project conditions change materially from those observed at
the site or described to Consultant at the time of proposal,Consuitantt Is entitled to a change order equitably adjusting Its Services and fee.
4. Compensation and Terms of Payment.Client shaft pay compensation for tie Services performed at the fees stated in the Compensation
section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit Is Incorporated into this
Agreement).If not stated in either,fees will be according to Consultant's current fee schedule.Fee schedules are valid for the calendar year In
which they are issued.Consultant may invoice Client at least monthly and payment is due upon receipt of Invoice.Client shall notify Consultant in
writing,at the address below,within 15 days of the date of the invoice if Ctierit objects to any portion of the charges on the invokre,and shall
prunpty pay the undisputed portion.Client shall pay a finance fee of 1.5%per month,but not exceeding the maximum rate allowed by law,for all
unpaid amounts 30 days or older.Client agrees to pay all colieclon-related costs that Consultant incurs.Including attorney fees.Consultant may
suspend Services for lack of limey payment If It is later determined that Illinois prevailing wage applies,then Client agrees to pay charges
reflecting prevarng wages from that point forward,as well as a retroactive adjustment to bring amounts previously paid in Inc with
prevailing wage.
5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and eraiusive use with no third
party berreidaries intended. Reliance upon the Services and any work product I limited to Client,and is not Intended for third parties.For a
limited time period not to exceed three months from the date of the report,Consultant WM issue additional reports to others agreed upon with
Cient,however Client understands that such reliance will not be granted until those parties sign and return Consultants reliance agreement and
Consultant recehres the agreed-upon reliance fee.
6, LIMITATION OF LIABILITY.CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATNE TO THE RISKS ASSUMED,AND AGREE TO ALLOCATE CERTAIN OF THE
RISKS SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABIL TY OF CONSULTANT(AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT .AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO
THE GREATER OF$25,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS,LOSSES, OR EXPENSES(INCLUDING
ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S)OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIiITATION SHALL NOT APPLY
TO THE EXTENT THE DAMAGE IS PAiD UNDER CONSULTANT'S COMMERCIAL GENERAL UABIUTY POUCY.
7. Indemnity/Statute of Lbnitatfons. Consultant and Client shall defend, indemnify, and hold (armless the other, their agents, and
employees, front and against legal liability for all claims, losses,damages, and expenses to the extent such claims, losses,damages, or
expenses are caused by their negligent acts,errors,or omissions.In the event such dales,losses,damages,or expenses are caused by the
joint or concurrent negligence of Consultant and Client.they shall be borne by each party in proportion to Its awn negligence under comparative
fault principles Causes of action arising out of Consultant's services or this Agreement regardless of causes)or the theory of liability,Inducing
negligence.Indemrdty or other recovery shall be deemed to have accrued and the applicable statute of imitations shall commence to run not later
than the date of Consultants substantial completion of services on the project.
8. Warranty.Consultant will perform the Services in a mamar consistent with that level of care and skit ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale.CONSULTANT MAKES NO WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED,RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS MY IMPLIED WARRANTIES OR
WARRANTIES IMPOSED BY LAW,INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. brsuramce.Conn/tent represents that it now carries,and volt continue to carry:(I)workers'compensation ins trance in accordance with the
laws of the states having jurisdiction over Consultants employees who are engaged In the Services. and employer's liability insurance
($1,000,000);(il)commercial general labiiy insurance 01,000000 oco A$2,000,000 egg);(Ni)automobile lability insurance($1,000,000 B.).and
P.D.combined single limit/ and(iv)professional lability Insurance($1,000.000 claim I egg).Certificates of Insurance will be provided upon
request.Client end Consultant shall waNe subrogation agai sfthe other party on all general liability and property ceverage.
Agreement Reference Number(ferracon Proposal or Project NimberpD1907112
Pane 1 of 2 Rev.3.06
1rerraCan
10. CONSEQUENTIAL DAMAGES.NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE;LOSS
OF USE OR OPPORTUNfY;LOSS OF GOOD WILL;COST OF SUBSTITUTE FACILITIES,GOODS,OR SERVICES;COST OF CAPITAL;
OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES.
11. Dispute Resolution.Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless
and until Client has obtained the written opinion from a-registered.independent.and reputable engineer.architect,or geologist that Consultant
has violated the standard of care applicable to Consultant's performance of the Services.Client shall provide this opinion to Consultant and the
parties shall endeavor to resolve the dispute within 30 days.after which Client may pursue its remedies at law.This Apartment shall be governed
by and construed wasting to Kansas law.
12. Subsurface Explorations.Subsurface conditions throughout the site may vary hem those depicted on logs of discrete borings,test pits,or
other exploratory services.Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a
reasonable distance from those locations;Consultant will take reasonable precautions to reduce damage to the site when performing Services;
however.Client accepts that invasive services such as drillirng or sampling may damage or alter the site.Site restoration is not provided*Ness
specifically included in the Services.
13. Testing and Observations.Client understands that testing end observation are discrete sampling procedures,and that such procedures
Indicate conditions only at the dents,locations,and times the prooedures were performed.Consultant chi provide test results and opinions
based on tests and field observations only for the work tested.Client understands that testing and Observation we not continuous or exhaustive,
and are conducted to reduce-not eliminate-project risk.Client agrees to the level or amount of testing performed and the associated risk.Client
Is responsible(even If delegated to contractor)for notifying and scheduling Consultant so Consultant can perform these Services.Consultant
shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents.and Consultants
performance attesting and observation services shall not relieve contractor in any way from Its responsibility for defects discovered In its work,or
create a warranty or guarantee. Consultant wilt not supervise or direct the work performed by contractor or its subcontractors and is not
responsible for(heir means and methods.
14. Sample Disposition,Affected lilaterials,and indemnity.Samples are consumed in testing or disposed of upon completion of tests
(unless stated otherwise in the Servces).Client shall furnish or cause to be furnished to Consultant all documents and information known or
available to Chant that relate to the Identity. location. quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or
contaminated materials CAfected Materials')at or near the site, and shalt inmedlately transmit new, updated, or revised information as It
becomes available.Grant agrees that Consultant is not responsible for the disposition of Affected Material unless spedically provided in the
Services,and that Client is responsible for directing such disposition.In the event that test samples obtained during the performance of Services
()contain eel:stances hazardous to health, safety, or the a virorment.or(II) equipment used during the Services cannot reasonably be
decontaminated,Client shall sign documentation(f necessary)required to ensure the equipment andfor samples are transported and deposed of
prnperfy,and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be
required to sign a hazardous waste manifest or take title to any Affected Materials.Chant shall have the obligation to make all spill or release
notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of
any Affected Materials conditions at the site.Accordingly.Client waives any claim against Consultant and agrees to Indemndy and save Consultant,its
agents, employees,and related companies harmless from any claim.lability or defense east inducting attorney and expert fees,for injury or loss
sustained by any party from such ehposnaas allegedly arising out of Consuhant's non-neglgent performance of services hereunder,or for any claims
against Consultant as a generator,disposer.or arranger of Affected Materials under federal,state,or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain
Consultant's property.Proprietary concepts,systems,and Ideas developed during performance of the Services shall remain the sole property of
Consultant Files shah be maintained in general accordance with Consultants document retention policies and practices.
16. Utilities.Client shall provide Sae location arhdlor arrange for the marking of private utilities and subterranean structures.Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utlities.Consultant shall not be responsible for damage to
subterranean structures or utilities that are riot called to Consultants attention,are not correctly marked.Including by a utility locate service,or
are incorrectly shown on the plans furnished to Consultant
17. Site Access and Safety.Clint shall secure al necessary site related approvals,permits,licenses,and consents necessary to continence
and complete the Services and wtl execute any necessary site access agreement Consultant will be responsible for supervision and site safety
measures for its own employees,but strati not be responsible for the supervision or health and safety precautions for any other parties,inducting
Client Client's contractors,subcontractors,or other parties present at the site.
18. Termination.tither party may terminate this Agreement or the Services upon written notice to the other.In such case,Consultant shall be paid
costs incurred and fees earned to the date of termination plus reasonable costs of dosing the project.
Co sdtant Consults Client Engineering Enterprises,Inc.
sr. �.j
"'"f� Date: 9/12/2007 By. Date:
NameIThie: Eric z,Office Maeager farmed lie:- --- --
Address: 48 last Road Address;
Rockford,Illinois 61109
Phone: 815.873.0980 Fax: 815.873.0991 Phone: Fax
Agreement Reference Number(Terracon Proposal or Project N tuber):PD1907112
IPape 2 of 2 Rev.3-06
"a«Jhrn e
PP -
12 September 2007 A26207-142
PLANNING
Ruin/Rats Inc.
402 West Liberty Pn c Ms.Julie Morrison
Wb°'°'"1111rck"0187 Engineering Enterprises Inc.
Wak www.planressnt
P: 630.663.3783 52 Wheeler Road
F: 630.668.4123 Sugar Grove,Illinois 60554
RE: St.Charles Street Water Main
Wetland Delineation and Section 404 Permitting
Elgin,Kane County,Illinois
Dear Julie;
Planning Resources Inc.(PRI)is pleased to submit the following proposal to Engineering
Enterprises Inc.(hereinafter referred to as"Client")to provide wetland delineation and Section
404 permitting services on the approximately 1,200-foot-long water main replacement line. The
project site is located along the east end of Hammond Avenue and west right-of-way for St.
Charles Street(Illinois Route 25)to the Soo Line Railroad.
If,after completing the delineation,it appears that a buffer planting plan,wetland documentation
for a Kane County Stormwater Management Permit,or a Section 404 Regional Permit will be
required for project development,we would be pleased to prepare a supplemental proposal to
assist you. The proposal assumes that no farmland is present on the site and that the Client will
survey flagged wetlands and provide PRI with an electronic copy(1"-=-400'scale or more
detailed). It also assumes that the Client will provide hydrologic data in support of completing
the jurisdictional determination form and copies of site development plans for inclusion in the
request for COE project approval. We respectfully request your consideration of the following
proposal.
Scope of Services
PRI will provide a wetland delineation in conformance with the regulations of the U.S.Army
Corps of Engineers(COE)and a request for a Letter of No Objection from the COE. A wetland
specialist will perform the following tasks:
• Obtain aerial photos,wetland maps,USGS,soils mapping,FEMA map,hydrologic atlas
and other data necessary for the wetland delineation;
• Conduct wetland delineation based on methodology approved by the Corps of Engineers
and accepted by Kane County;
• Field-stake perimeter of wetlands;
• Prepare wetland report,including resource evaluation,support data,and graphics;
• Prepare and submit Illinois Department of Natural Resources threatened and endangered
1 11A h 11141 S species EcoCAT database request;
.(OloGlcTS
1.41t9 1(4114
43(1HITI(TS
Engineering Enterprises Inc. 12 September 2007
St.Charles Street Water Main Page 2
Scope of Services(continued)
• Prepare and submit a letter to the U.S.Fish&Wildlife Service for information on potential
federally listed threatened and endangered species;
• Fill out the approved COE Jurisdictional Determination form;
• Prepare and submit a request for a COE Letter of No Objection for the proposed project,and
supporting documentation.
Wetland Services $3,549.50 Fixed Rate
Work Products
Work products associated with this project will include the following:
I. Two copies of a Wetland Delineation Report including:
• Completed data forms used in field investigation,
▪ Aerial photo with wetland delineation outlined(I"=400'),and
• Existing conditions documentation,photos,and exhibits.
2. Illinois Department of Natural Resources EcoCAT database response.
3. U.S.Fish&Wildlife Service letter.
4. COE Jurisdictional Determination form
5. Letter of No Objection.
Terms of Agreement
This is a cost not-to-exceed proposal for the indicated tasks. Actual cost may be less than quoted. Tasks
will be billed at the hourly rates shown in Attachment B,with costs not to exceed those estimated,
without prior written approval of the Client. Services required in addition to those budgeted shall be
conducted only at the Client's written request and invoiced at rates shown in Attachment B,plus actual
direct costs.
Planning Resources Inc.(Consultant)reserves the right to modify the hourly rates of its personnel on an
annual basis,effective January 1 of each year. Billing for projects that are scheduled to end within a
calendar year but,through no fault of the Consultant,extend beyond the first of the next year,will reflect
these rate increases and the upset will be increased accordingly. Total person hours shall remain the same
unless the scope is renegotiated.
r . i
Engineering Enterprises Inc. 12 September 2007
St.Charles Street Water Main Page 3
Terms of Agreement(continued)
All invoices are due and payable upon receipt. After a thirty(30)-day grace period,interest shall accrue
on the unpaid balance as a rate of 1.5 percent per month until paid in full. In no event shall the payment
of fees be delayed by difficulties related to the Client's failure to collect fees or monies due to the Client
from the Client's customers,clients or other third parties.
In the event that any invoice or portion thereof remains unpaid for more than sixty(60)days following the
date of invoice,Planning Resources Inc.reserves the right to initiate collection proceedings. In this event,
the Client shall pay,in addition to amounts due plus interest,all reasonable fees and expenses related to
the collection process including the cost of the time devoted to such proceedings by Planning Resources
Inc.staff at their normal hourly rates then in effect.
Client recognizes that prompt payment of Consultant's invoices is an essential aspect of the overall
consideration Consultant requires for providing service to Client. Client agrees to pay all charges not in
dispute within thirty(30)days of receipt of Consultant's invoice. Client agrees that Consultant has the
right to suspend or terminate service if undisputed charges are not paid within forty-five(45)days of
receipt of Consultant's invoice,and Client agrees to waive any claim against Consultant and to
indemnify,defend and hold Consultant harmless from and against any claims arising from Consultant's
suspension or termination due to Client's failure to provide timely payment. Any charges held to be in
dispute shall be called to Consultant's attention,in writing,within ten(10)days of receipt of Consultant's
invoice.
Planning Resources Inc.maintains insurance in the amounts of the following.
• General Liability,$2 million general aggregate,$1 million per occurrence;
• Auto Liability,$1 million;
• Workers Compensation and Employer's Liability,Statutory Limits and$500,000;and
• Professional Liability,$1,000,000.
A certificate of insurance can be supplied upon request. If additional insurance coverage or the inclusion
of additional insureds on liability policies is desired by the client,additional premiums will be billed to
the client at actual cost.
This proposal shall remain open for a period of thirty(30)days from the date of issuance. If the proposal
is not accepted and returned to Planning Resources Inc.within thirty(30)days,then the proposal shall
automatically terminate without further notice.
Engineering Enterprises Inc. 12 September 2007
St.Charles Street Water Main Page 4
Accepted
-/-/A-t/(4
Michael A.Tait Julie Morrison
Planning Resources Inc. Engineering Enterprises Inc.
Principal
Title Title
Date Date
1 1Planning-Ixomi51propasalc120071A26207-142 St Chula Watermainlpm cvr ttr.doc
•
•
September 21, 2007
TO: Mayor and Members of the City Council r.,
FROM: Olufemi Folarin, City Manager ,,:,
John Loete, Public Works Director
SUBJECT: Engineering Services Agreement with Engineering Enterprises for the St. Charles
Street Water Main Replacement
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an agreement with Engineering Enterprises for design engineering
services for the St. Charles Street Water Main Replacement.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute the agreement
with Engineering Enterprises in the not-to-exceed amount of$25,000.
BACKGROUND
The project will replace the existing 10" water main along the west side of St. Charles Street
from just north of the Soo Line/Metra train tracks and connecting to the existing line on
Hammond Street. Like the existing main, this main will pass beneath Poplar Creek. The current
water main is located on private property in several areas and in very close proximity to other
exiting utilities. The replacement of this line will place it entirely in public right-of-way.
Repairs to the existing main have proven costly due to the nature of the utilities involved and the
need to temporarily relocate the main away from these utilities.
The design engineering will include soil borings, routing investigation, wetland delineation
coordination, design plans, specifications, and bidding assistance. It is anticipated that this
project will require permits from several agencies (IDOT, IEPA, Army Corps, etc.). The
engineer will submit all necessary paperwork and obtain permits for the designed project.
Requests for proposal for the subject project were solicited from five firms with proposals being
submitted on August 31, 2007. The five firms were Bollinger Lach & Assoc., Engineering
Enterprises, Ciorba Group, K-Plus, and Strand. A staff selection committee evaluated the five
proposals with Engineering Enterprises being selected the most qualified firm. Upon selection,
St. Charles St. Water Main Replacement
September 21, 2007
Page 2
Engineering Enterprises met with staff to finalize the project scope and negotiate a project fee.
The final negotiated fee is $25,000.
A project location map is attached as Exhibit A. A copy of the results of the selection process is
attached as Exhibit B. A copy of the Engineering Services Agreement is attached as Exhibit C.
The agreement will provide for design engineering only and an amendment to the contract will
be prepared to provide construction engineering when the project is bid.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The agreement with Engineering Enterprises for the St. Charles Street Water Main Replacement
will total $25,000. Funding is available under project number 409687, "St. Charles Street Water
Main" in the 2007 General Obligation Bond Fund, account number 367-4000-795.93-41,
"Distribution System Upgrades" ($15,000 budgeted and available) and in the 2003 General
Obligation Bond Fund, account number 383-4000-795.93-41, "Distribution System Upgrades"
($15,000 budgeted and available). This contract will be amended to add fees for construction
management (approximately $30,000) at the time of the construction bid award. Construction
funds for this project are budgeted in the Water Fund for 2008 ($150,000) and 2009 ($200,000).
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve the engineering services agreement with
Engineering Enterprises.
2. The City Council may choose not to approve the agreement with Engineering
Enterprises.
Respectfully submitted for Council consideration.
do
Attachments