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08-130 Resolution No. 08-130 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR THE EAST ZONE BOOSTER PUMP STATION 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 and construction inspection services for the East Zone Booster Pump Station,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this day of , 2008,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereina er ferred to as "CITY") and Engineering Enterprises Inc, an Illinois Corporation (hereinafter referr d to as "ENGINEER"). WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in connection with East Service Zone Booster Pump Station(hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Water System Superintendent of the CITY,herein after referred to as the"SUPERINTENDENT" B. Outline of the services to be provided by the Engineer is: ENGINEER shall provide the services to the CITY for the PROJECT as outlined herein and as detailed in Attachment A hereto. 1. Preliminary Design Phase. 2. Final Design Phase 3. Bidding Services Phase 4. Construction Phase. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. Preliminary Design Phase completion August 22, 2008 Final Design Phase Completion November 9, 2008 Bidding Completion January 30, 2009 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 SUPERINTENDENT monthly a status report keyed to the project schedule.A brief narrative will be provided identifying progress, findings and outstanding issues. City of Elgin, Illinois East Service Zone Booster Pump Station - 1 - May2008 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including,but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the SUPERINTENDENT 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(Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of One Hundred Sixty Five and Five Hundred Thirty Two Dollars ($165,532), regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the SUPERINTENDENT. B. 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 SUPERINTENDENT. Payment Schedule Payment Invoice Date Value 1. June 2008 $8,300.00 2. July 2008 $8,300.00 3. August 2008 $8,300.00 4. September 2008 $12,400.00 5. October 2008 $16,600.00 6. November 2008 $16,600.00 7. December 2008 $4,100.00 8. January 2009 $4,100.00 9. February 2009 $12,400.00 10. March 2009 $12,400.00 11. April 2009 $16,600.00 12. May 2009 $16,600.00 13. June 2009 $16,600.00 14. July 2009 $8,300.00 15. August 2009 $3,932.00 Total Contract: $165,532.00 A detailed Level of Effort and Associated Cost is attached hereto as Attachment C. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C 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 City of Elgin, Illinois East Service Zone Booster Pump Station - 2 - 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 4 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 5,shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 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 SUPERINTENDENT relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the SUPERINTENDENT shall proceed without interruption. 9. 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. 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, attorneys 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, completion and/or termination of this Agreement. City of Elgin, Illinois East Service Zone Booster Pump Station - 3 - 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 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 SUPERINTENDENT 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 SUPERINTENDENT. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 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 prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits ofnot 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 Engineers 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 SUPERINTENDENT as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the SUPERINTENDENT. 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 City of Elgin, Illinois East Service Zone Booster Pump Station - 4 - 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. 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,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. City of Elgin, Illinois East Service Zone Booster Pump Station - 5 - 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 SUPERINTENDENT,nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the SUPERINTENDENT 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: 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 shall be provided by ENGINEER 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 SUPERINTENDENT and to other participants which may affect cost or time of completion shall be made or confirmed in writing. The SUPERINTENDENT may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. City of Elgin, Illinois East Service Zone Booster Pump Station - 6 - 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: Kyla Jacobsen Water System Superintendent 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, IL 60554 28. COMPLIANCE WITH LAWS 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. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. 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 of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. City of Elgin, Illinois East Service Zone Booster Pump Station - 7 - IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By lit1;$11111111111114■ -� By City .,ter Attest: City Clerk City of Elgin, Illinois East Service Zone Booster Pump Station - 8 - ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES City: City of Elgin, Illinois Engineer: Engineering Enterprises Inc. Project: East Service Zone Booster Pump Station SCOPE OF SERVICES The Project consists of Preliminary Design, Detailed Design, Bidding Phase Services, and Construction Services for East Service Zone Booster Pump Station. The work shall include, but not be limited to, the following tasks: Task 1 Preliminary Phase: This task shall include prepare project management plan, gathering data and assist the CITY to determine the preferred location of the booster pump station, review Elgin Water Distribution Atlas and discuss different approaches to creating the East Service Zone, perform soil borings and conduct a geotechnical investigation for the selected pump station site, in coordination with the City's Fire Marshal,perform the fire flow testing to confirm the capacity of the water main at point of the booster pump station, develop several water works system head curves based on the alternative site locations and different conditions of the system, perform the necessary survey for the preliminary design, plot field data, review of easement information, develop the preliminary project plans, and meeting with the City staff to discuss the preliminary plans and prepare design memorandum. At least two progress meetings shall be conducted during Preliminary Phase. Task 2 Design and preparation of construction bid document: This task shall include any required site survey to complete this task, preliminary design, performing technical quality assurance on the preliminary design document, discussing the preliminary design document with the City staff, and preparation of the final design document. The design document shall include, but not be limited to, civil/site, architectural, structural, mechanical process, mechanical HVAC &plumbing, electrical and instrumentation and control work such that the new pump station can be monitored and controlled automatically through the existing Supervisory Control and Data Acquisition (SCADA) System. Several meetings with the City staff shall be conducted during this phase to discuss CITY staff review comments. City of Elgin,Illinois East Service Zone BPS Attachment A 1 • Task 3 Opinion of probable construction costs: Prepare an opinion of probable construction costs and the anticipated construction schedule for proposed work covered by the plans and specifications. Task 4 Plans & Specification Review: Submit plans and specifications to the City for review. Meet with representatives of the City during the review process to explain the plans, specifications, and procedures. Advise the City concerning any proposed revisions, and finalize the design document. Task 5 Permitting: Assist the City with permit applications. Submit plans and specifications to Illinois Environmental Protection Agency, the Illinois Sate Division of Waterways, Cook County, and any other governmental agencies that have a regulatory interest in the project, and provide all other services to secure permit approval. Task 6 Bid Documents: Provide(20) sets of final bid documents which shall include bid forms and notices for bidders, and final plans and specification to the City for bidding purposes. Task 7 Bidding Assist the City with the bidding phase which shall include receiving bidder questions and requests for clarification,respond to questions, prepare addenda as necessary, and attend the bid opening. Task 8 Review Bids and Recommendation to Award: Assist the City with bid review and make recommendations concerning the award of contracts. Assist the City in preparation of conforming copies of contracts. Task 9 Pre-Construction Meeting: Prior to start of construction,the ENGINEER shall conduct a pre-construction meeting with all interested parties, address the requirements of the contract documents and review City's expectations. Review shop drawings and data submitted by construction contractors for conformity to the contract plans and specifications. Task 10 Full-Time Construction Observation: Provide full time construction observation and inspection services. City of Elgin,Illinois East Service Zone BPS Attachment A 2 Task 11 Pay Requests, Change Orders Review all routine and final estimates and make recommendations to the City regarding payments to the contractor, and report regularly to the City upon the progress and quality of work. Task 12 Pump Station Start Up and Project Closeout: Assist the City with change orders, attend start-up, and assist with project close out. Task 13 Record Drawings: Upon completion of the work, revise construction plans to conform to construction records. The record drawings shall be submitted to the City in electronic CD-ROM format files, along with one paper and one Mylar copy. City of Elgin,Illinois East Service Zone BPS Attachment A 3 `��+°F f<cy ATTACHMENT B 4 1 PROJECT SCHEDULE EAST SERVICE ZONE BOOSTER PUMPING STATION oy .�` 1 City of Elgin.Illinois 2008 _ 2009 May _ June July y Aua. Sept. Oct. Nov. Dec. Jan. _ Feb. Mar. Aor. May June , July Auer Seat PRELIMINARY DESIGN PHASE T _ i la Conduct Prqect"Kick"off Meeting`with City Staff II t rf lb Conduct Site VisPof other BP Stations l _ _.. i- 1c. Obtain Site Survey and Easement Information y� , Y 1 f. Prepare Desgn Menlorarxlum _ 1.1.'. - + - T�-- -- 1 d Prepare Base Drawings i -- _._ l lg Prepare Preliminary Designs and Plans,Geotechnical Investigation I __ w � I I }: tIf Perform QA/QC of Preliminary pesign - _ � 1h Conduct Meeting with City Staff to Review Preliminary Design j -' L - 1 FINAL DESIGN PHASE 2a Prepare Final Design Documents I L I''L,_° j i ( - . f-_ -. - i 2b. Conduct Design Progress Meetingislwith City Staff _ ■ 2c. Prepare Opin'on of Probable Construction Costs _--_ .. _- _ -. _ .... _ r-I 1..- - I I I_..�- _ • .. I_--* _ M 2d,Perform QA/QC Review of Desh,n Documents i --- -- ---- t - -- y , - t_- _— i 2e Prepare Regulatory Permit Applications and Submit , ' I , BIDDING SERVICES PHASE 3a Prepare 20 sets of Final Bid Documents and Submit to City Stag ! } ' I i 30. Resuond to rrigz ivies,Prepare and Distribute Addenda etc. ' - -. - _- _ 3c Review Bids Received _-. 3d. Prepare B a Tabulation ! - _ i 3e Prepare Contract Award Recommendation ..--.- - -- + — { . 4 3f Prepare Conforming Copies of Contracts I--. CONSTRUCTION PHASE 4a. Shoo Drawing Review ! j lib. Provide Construction Observation _ 4c Rev ew Pay Requests and Recommendations I 4d Conduct vveekx Construction Progress Meetings — - I 1 4e. Prepare and Subunit Charge Orders to City Staff .- _. - T: i—- 4f. Attendance at Prgect Start-UP - ji i 1 I -- r- -- .. 4g. Project Close-Out Documentation I � _ f __ ah. Prepare and Submit As-Bu it Drawings Per C R uremerrts - '. _- ,___ ..__-{ 1- -1 - �-- I -` 4i. Construction Staking and layout 1 I �- EEC STORAGE:Does.Publlc Elyn.2008:EG0801 Cost Service Zone aPS'Plopo.NiArtaMment a-Scheduls.msjAttechmeel e min Preliary 8.Final Design I Construction Bidding and Contracting City Review(s) Agency Submittals Meeting(s) NMI OA/QC Reviews) ENGINEERING ENTERPRISES,INC. ATTAChIMENT C DATE: 5/1/2008 CONSULTING ENGINEERS ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST ENTERED BY: BPS/TPF PROFESSIONAL ENGINEERING SERVICES East Service Zone Booster Pumping Station City of Elgin,Illinois .. -- _.F ENGINEERING DRAFTING1CONST.OBS. SURVEYING ADMIN. WORK WORK SENIOR SENIOR SENIOR SENIOR ITEM COST ITEM PRINCIPAL PROJECT PROJECT PROJECT PROJECT CAD PROJECT PROJECT PROJECT SENIOR i HOUR PER NO. WORK ITEM ENGINEER MANAGER MANAGER ENGINEER ENGINEER MANAGER TECHN. TECHN. SURVEYOR SURVEYOR TECHN. SECRET. SUMM: ITEM PRELIMINARY DESIGN PHASE 1 a. Conduct Pro;,ect KOI(-off Meeting'with City Staff 2 4 4 10 $ 1.306 _1b. Conduct Site Visits of other City BP Stations 4 4 8 S 984 - 1c. Obtain Site Survey and Easement Information 8 16 24 $ 2,448 1d. 1Prepare Base Drawings 4 16 ___y, 20 $ 2.160 le. :Prepare Basis of Design Memorandum 1 2 6 12 , 21 $ 2.478 tf.-(tPrepare Prel'minay Designs and Plans _ _ 1 2 8 to 24 53 $ 5,970 10. tPerform OMOC of Preliminar�Desvgn _1 2 4 7 $ 1,014 1h. IConducl Meetings with City Staff to Review Preliminary Design(2) 1 4 4 4 13 $ 1,818 )Preliminary Design Phase Sub-Total 2 6 • 16 18 39 0 40 0 ii 8 0 16 0 148 $ 16,872 'FINAL DESIGN PHASE - - 1, - 2a.. Prepare Final Design Documents a 24 60 80 120 12 296 $ 33,408 2b. Conduct Desl.n Progress Meelin $with Ci. Stall 2 2 4 4 8 18 $ 2,484 2c. Prepare Opinion of Probable Construction Costs 2 8 8 24 42 $ 5,004 2d. Perform OA/QC Review of Design Documents 2 4 18 24 S 3.408 2e. Prepare Regulatory Permit Applications and Submit 2 2 6 12 22 $ 2,628 T-Alai Design Phase Sub-Total 4 12 56 82 118 120 12 402 S 46,932- - - _BIDDING PHASE -- 3a. Prepare 20 sets of Final Bid Documents and Submit to City Staff 12 8 20 S 1,920 3b. Respond to Inculries,Prepare and Distrbute Addenda,etc. ... 4 12 16 $ 2.064 3c. Review Bids Received 1 2 4 7 $ 930 3d. Prepare Bid Tabulation 1 2 2 5 $ 606 3e, Pre Contract Award Recommendation I 2 2 4 9_$ 990 31. Prepare Conform ng Co ias of Contracts 1 2 2 2 4 n $ 1,206 Bidding Phase Sub Total 3 11 22 4 12 16 68 $ 7,716 CONSTRUCTION PHASE 4a.*„Shog Drawin-,g,fleview 2 6 12 24 44 $ 5,232 _ 4b. Provide Construction Obse 400 400 5 43,200 rval%On 37 $ 4,410 4c. Review Pay Requests and Recommendations(S) 2 5 10 20 4d. Conduct Weekly Construction Progress Meet pas(20) 40 40 S 5,040 4e. Prepare and Submit Change Orders to City Staff 121 2 2 4 6 14 $ 1,932 41. Attendance at Project Start-Up ,_ 8 16 18 40 $ 4,848 47. Project Close-Out Documentation 1 4 8 _._ - ,_-�- 13 $ 1.566 4h. Prepare and Submit As-Built Drawings Per City Requirements 1 2 8 �. 12 23 $ 2,586 4i. Construction Staking and Layout 8 16 24 $ 2,448 'Construction Phase Sub-Total 2 - 8 29 84 80 426 6 0 16 835 5 71,262 Protect Total f $ I 31 1 112 f 206 I 218 1 ) 600.... ( ( 16 1 0 1 32 1 28 1 12511$ 142,7621 FEE SCHEDULE AS DF OVUltf2S DIRECT COSTS Principal Engineer F3 8 hours a $162 per hour= S1,296 Printing= $ 1500 Senior Protect Manalter E.2 31 hours 0 5150 per hour= $4,650 Supplies&Misc.= $ 250 Pro ect Manacer 0-1 112 hours 0 , $138 per hour= $15,456 _., Vehicle Charges= $ 3,000 Senor Project Ent @neer/SUrveyor , P-5 222 hours 0 $126 per hour= $27,972 Subconsultant'Geo Investigation). $ 3.000 Project Engineer/Surveyor P-4 218 hours 0 $108 per hour- $23,544 $ubconsuttant tTestir10-Estimated)= 5,000 Senior Engineer/Surveyor P-3 0 hours 0 $99 per hour= $0 DIRECT EXPENSES._$ 12,750 Engineer/Surveyor P-2 0 hours 0 $90 per hour= $0 Assocate Engineer/Surveyor P-1 0 hours 0 $81 per hour= $0 TOTAL LAB6IR COSTS CAD Manauer 0-1 0 hours 0 $138 per tour= So Engineering Expenses= '$ 70,902 Senior Protect Technician _ T-5 600 hours 0 $106 per hour= $64,800 Drafting Expenses= $ 64,800 Project Technician, TO 0 hours 0 $99 per hour= $0 Surveitg Expenses=. $ 4,896 Senior Technician T-3 32 hours 0 $90 per hour= $2,880 Administrative Expenses= $ 2,184 Technician T-2 0 hours 0 $81 per hour= $0 Subconsultant Exp.{MEP)_ $ 10,000 Associate Technician T-1 0 hours 0 $72 per hour= $0 TOTAL LABOR EXPENSES. S 152,782 Secretary . A-3 28 hours 0 $78 hour- $2,184 ..s.. ............ 1251 e HUURLY TOTAL= 12°1 TOTAL se LABOR-, 5142,782 ( TOTAL COSTS• 1 S 166,532. ❑.■Pan.1E10nu001:sl.erv1 1:r=I t.MCe/one BPSWrepml l$Jeemen,-Fees 4elFee+ Client#:51377 ENGINENTE ACORD. CERTIFICATE OF LIABILITY INSURANCE 04101/2008" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Euclid Insurance Services,Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 234 Spring Lake Drive HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Itasca,IL 60143 630 694-3700 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Everest National Insurance Company Engineering Enterprises,Inc. INSURER B: 52 Wheeler Rd INSURER C. Sugar Grove,IL 60554 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN V .'• s POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YYI DATE{MMIDD/YY( UMITS GENERAL LIABILITY EACH OCCURRENCE S III COMMERCIAL GENERAL LIABILITY DAMAGE 70 RENTED ABILITY ■.CLAIMS MADE n OCCUR MED EXP(Any one person) S ■ PERSONAL&ADV INJURY 5 ■ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S aPOLICY ■ CT ■ LOC AUTOMOBILE UABILIIY - COMBINED SINGLE LIMIT $ ■ ANY AUTO (Ea accident) I ALL OWNED AUTOS BODILY INJURY S• SCHEDULED AUTOS (Per person) I HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S .ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS/UMBRELLA UABIUTY EACH OCCURRENCE S ■ OCCUR 1 CLAIMS MADE AGGREGATE $ MIDEDUCTIBLE $ RETENTION $ {{ f } $ WORKERS COMPENSATION AND I Tally IMITB J 10 t- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S A OTHER Architects 48AE001433071 06/14/07 06/14/08 $1,000,000 each claim/ and Engineers $2,000,000 annual Professional Liab aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a'claims made'policy form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Elgin DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Attn: Kyla Jacobsen,Water System Superintendent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 150 Dexter Ct IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Elgin,IL 60120-5555 REPRESENTATIVES. AUTHORIZED�REPRESENTATIVE ,, ACORD 25(2001/08)1 of 2 #S2298131M199351 LJC 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S229813/M199351 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE/01 2008Y' PRODUCER Serial# 100324 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION VOLKMAN INSURANCE AGENCY,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 161 S.LINCOLNWAY,SUITE 206 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O.BOX 369 NORTH AURORA,ILLINOIS 60542 630-897-8824 INSURERS AFFORDING COVERAGE NAICS INSURED INSURER A: WEST BEND MUTUAL INSURANCE ENGINEERING ENTERPRISES,INC. INSURER B: 52 WHEELER ROAD INSURER C: SUGAR GROVE, ILLINOIS 60554 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR naD TYPE OF INSURANCE POLICY NUMBER POLICY YYE ,POLICY(MMIDO TI LTR NSRD LIMITS GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 A XX COMMERCIAL GENERAL LIABILITY CPA 0717655 07/12/2007 07/12/2008 PREMISESlEE0¢airrencei ,$ 200,000 I CLAIMS MADE © OCCUR MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE -$ 2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY I^^I JPERQ n LOC AUTOYOBLE L4113IUTY CPA 0717655 07/12/2007 07/12/2008 COMBINED SINGLE OMIT $ 1,000,000 AN A XX Y AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SO-EDIRFD AUTOS (Per person) XX HIRED AUTOS BODILY INJURY XX NON-CANNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGEUABUrr NO COVERAGE PROVIDED AUTOONLY-EA ACCIDENT S ANY Auto , OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSUMGRELLA UABIUTY CPA 0717655 07/12/2007 07/12/2008 EACH OCCURRENCE $ 2,000,000 A XX OCvuR El CLAIMS MADE AGGREGATE S 2,000,000 _S DEDUCTIBLE XX RETEN 10N $ WAIVED 7 $ WORKER'S COMPENSATION AND WCA 0717656 07/12/2007 07/12/2008 XXI TORY uMITS! J1 R A EMPLOYERS'UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 500,000 A OTHER CPA 0717655 07/12/2007 0712/2008 PROPERTY,TOOLS, EQUIPMENT AT REPLACEMENT COST COVERAGE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF ELGIN DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN:KYLE JACOBSEN,WATER SYSTEM SUPER. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE i0 DO SO SHALL 150 DEXTER COURT IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR ELGIN, ILLINOIS 60120-5555 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JEFFREY L.VOLKMAN ACORD 25(2001/08) 0 ACORD CORPORATION 1988 { May 9, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Kyla B. Jacobsen, Water System Superintendent SUBJECT: Engineering Services Agreement with Engineering Enterprises, Inc. for the East Zone Booster Pump Station 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, Inc. for design and construction inspection engineering services for the East Pressure Zone Booster Pump Station. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the agreement with Engineering Enterprises, Inc. in the not-to-exceed amount of$165,532. BACKGROUND The required improvements necessary to provide a consistent level of quality water to the consumers within the East Service Zone were identified in the November 2007 Low Service Zone Analysis Report. The November 2007 Analysis identified certain improvements, including water main looping, elevated storage tank, and a pump station. This project will include the initial establishment of the zone by installing a pump station, connecting the station to existing mains and isolating a portion of the proposed East Service Zone. The installation of the elevated storage tank and additional water main looping will be provided in future projects as areas develop within this zone. It is anticipated that future developments benefiting from these improvements will be subject to a recapture agreement. Requests for proposal for the subject project were solicited from five firms and four proposals were submitted on April 2, 2008. The four firms were Burns & McDonnell, Engineering Enterprises, Rezek, Henry, Meisenheimer and Gende, and ABH, A Donahue Group. A staff selection committee evaluated the four proposals with Engineering Enterprises being selected the most qualified firm. Upon selection, Engineering Enterprises met with staff to finalize the project scope and negotiate a project fee. The final negotiated fee is $165,532. A copy of the results of the selection process is attached as Exhibit A. Engineering Service Agreement for East Zone Booster Pump Station May 9, 2008 Page 2 A copy of the Engineering Services Agreement is attached as Exhibit B. The agreement will provide for preliminary and final design engineering for the site, review agency coordination, bidding assistance, inspection of the site construction and coordination with the separate bidding and construction of the pump station. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The agreement with Engineering Enterprises for the East Zone Booster Pump Station will total $165,532. Funding is budgeted ($125,000) and available ($125,000) in the Water Operating portion of the 2006 General Obligation Bond, account number 366-4000-795.92-36 and budgeted ($40,532) and available ($40,532) in the 2005 General Obligation Bond, account number 365-4000-795.92-36, "Buildings/Structures," under project number 409720, "East Zone Booster Pump Station." No funding for the construction of the booster pump station currently exists (estimated at $900,000) and therefore will need to be requested as part of the 2009 budget. 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 Engineering Services Agreement with Engineering Enterprises. Respectfully submitted for Council consideration. KJ Attachments