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08-241 Resolution No. 08-241 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. (Summit Street from Dundee Avenue to Hiawatha Drive Resurfacing Project) 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 the resurfacing of Summit Street from Dundee Avenue to Hiawatha Drive, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk •1 AGREEMENT THIS AGREEMENT is hereby made and entered into this day of October, 2008, 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 CITY's Federal Aid Summit Street Local Agency Pavement Preservation (LAPP) Improvements (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 engineering services following federal aid procedures including but not limited to a topographic survey of the project limits, examination of current conditions within the PROJECT limits, investigate soil or pavement conditions by borings, preparation of a preliminary PROJECT plan and cost estimate, review of that preliminary PROJECT plan with City staff, preparation of final design drawings and contract documents for the LAPP roadway improvements, processing of all required submittals to appropriate government agencies, evaluating bids received and preparing recommendation for contract award. C. A detailed Scope of Services is attached hereto and made a part hereof as Attachment "A.31 ... + - 2 - II. PROGRESS REPORTS A. ENGINEER shall comply with the PROJECT milestone outline schedule described below. B. A detailed PROJECT schedule for the PROJECT is attached hereto and made a part hereof as Attachment "A", which PROJECT schedule shall be adhered to by ENGINEER, and which shall be of essence of this Agreement. Progress relative to the aforementioned PROJECT schedule shall be recorded and submitted on a monthly basis to CITY by ENGINEER as a component of the status report described in subsection C below. C. 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, 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 the hourly rate for the classifications of personnel who perform work on this PROJECT, with the total fee not to exceed $81,208.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are made and amendments to the maximum payment provided for herein. The calculation of the not to exceed cost plus the Standard Schedule of Charges is of the essence of this Agreement, and is attached hereto and made a part hereof as Attachment "B." B. For outside services provided by other firms or sub-consultants, 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 maximum payable amount. C. All costs are included in the not to exceed fee including direct costs. D. The CITY shall make periodic payments to the ENGINEER based upon actual - 3 - 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. PAYMENT NO. 1 - $23,684 Kick-Off Meeting with City, Introduction of Project Team Discuss Project Schedule with IDOT and Receive Section Numbers Complete Topographic Survey Obtain Terracon Phase II Cores/Boring Proposal Perform Field Visits/ Lay Out Core Locations Terracon On Site to Perform Cores/Boring Work Preliminary Information Submittal to IDOT PAYMENT NO. 2 - $40,184 Prepare Plans & Specifications in Accordance with LAPP Guidelines Progress Meeting with City Obtain Terracon Phase III Testing Proposal Prepare Draft Phase III Engineering Agreement for City Staff Review Internal QC/QA of Plans & Specifications PAYMENT NO. 3 - $3,276 Submit Preliminary PS&E to City & IDOT (Bureau of Local Roads - Mari lin Solomon)** 6 - Plans (11x17) 6 - Specifications (Special Provisions, BDE Special Provisions, LR SP, Check Sheets, etc.) 2 - BDE 220A—Estimate of Time Required 2 - Estimate of Cost (with percentage by line item breakdown) 2 - BDE 213 —Estimate of Cost (with prices) 2 - BDE 213 —Estimate of Cost (without prices) Submit to CMAP and State Clearinghouse Additional Submittal to DOT (Bureau of Local Roads - Temi Latinwo) Job Number Request Form Draft Phase III Engineering Agreement (BLR 05611) Draft Joint Agreement (BLR 05310) PAYMENT NO. 4 - $14,064 Receive Review Comments from City & IDOT Complete Revisions to Plans & Specifications Internal QC/QA of Plans & Specifications Final PS&E Submittal to IDOT (Bureau of Local Roads - Marilin Solomon) 1 - Plans (Full Size & Mylar) . + - 4 - 2 - Plans (11x17) 4 - Specifications (Special Provisions, BDE Special Provisions, LR SP, Check Sheets, etc.) 4 - BDE 220A—Estimate of Time Required 4 - BDE 213 —Estimate of Cost (with prices) 3 - BDE 213 —Estimate of Cost (without prices) 3 - Cost Breakdowns for the LSUM Items 1 - Dispositions of Comments IDOT's Original Markups V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports as provided for herein shall be included. 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 - 5 - result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any 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, completion 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. - 6 - 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 - 7 - 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. - 8 - 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 - 9 - 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. 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 becessary and incident to the due and lawful prosecution of 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. XXVIII. 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: - 10 - JOHN LOETE,P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: THOMAS W. TALSMA Vice President Engineering Enterprises, Inc 52 Wheeler Road Sugar Grove, Illinois 60554 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 t '''' ig • . By tallti ,. .; 1 ,OF k--;... Clerk _�∎ity Malta.-r �tiF �., a: !, Vie TED F6d,.,... •or the ENGINEER: Dated this id..day of October, A.D., 2008 ATTEST: By L .alUl By a ff, _ Sec Vice President (SEAL) , - ATTACHMENT A City of Elgin Summit Street LAPP Improvements Project Scope and Tentative Schedule' September 2008 Responsible Party Scope of Services Work Item Projected Dates COMPLETE Prepare Draft Phase II Engineering Agreement for City Staff Review 9/5/2008 COMPLETE Submit Phase II Engineering Agreement to City Council for Approval 9/15/2008 City Council Approves Phase II Engineering Agreement 9/24/2008 JMB,BPS,NW,SWM Kick-Off Meeting with City,Introduction of Project Team 9/26/2008 SWM,NW Discuss Project Schedule with IDOT and Receive Section Numbers 9/29/2008 SWM,MGS Topographic Survey Week of 9/29/2008 SWM Obtain Terracon Phase II Cores/Boring Proposal 10/1/2008 SWM Perform Field Visits/Lay Out Core Locations 10/3/2008 TERRACON Terracon On Site to Perform Cores/Boring Work 10/6/2008 SWM Preliminary Information Submittal to IDOT(Bureau of Local Roads-Marilin Solomon) 10/17/2008 BLR 33410-Local Agency Pavement Preservation(LAPP)Approval Location Map Existing and Proposed Typical Sections SWM Prepare Plans&Specifications in Accordance with LAPP Guidelines 10/20/2008-11/21/2008 SWM,NW,JMB Progress Meeting with City 11/7/2008(Approx.) SWM Obtain Terracon Phase III Testing Proposal 11/14/2008 SWM,NW Prepare Draft Phase III Engineering Agreement for City Staff Review 11/21/2008 NW,JMB,BPS Internal QC/QA of Plans&Specifications Week of 12/1/2008 SWM Submit Preliminary PS&E to City&IDOT(Bureau of Local Roads-Marilin Solomon)** 12/5/2008 6-Plans(11x17) 6-Specifications(Special Provisions,BDE Special Provisions,LR SP,Check Sheets,etc.) 2-BDE 220A-Estimate of Time Required 2-Estimate of Cost(with percentage by line item breakdown) 2-BDE 213-Estimate of Cost(with prices) 2-BDE 213-Estimate of Cost(without prices) SWM Submit to CMAP and State Clearinghouse 12/12/2008 SWM,NW Additional Submittal to IDOT(Bureau of Local Roads-Temi Latinwo) 12/12/2008 Job Number Request Form Draft Phase III Engineering Agreement(BLR 05611) Draft Joint Agreement(BLR 05310) SWM Receive Review Comments from City&IDOT-ASSUMES 7 WEEK REVIEW TIME 1/30/2009 SWM Complete Revisions to Plans&Specifications 2/2/2009-2/6/2009 NW,JMB,BPS Internal QC/QA of Plans&Specifications Week of 2/9/2009 SWM Final PS&E Submittal to IDOT(Bureau of Local Roads-Marilin Solomon) 2/13/2009 1-Plans(Full Size&Mylar) 2-Plans(11x17) 4-Specifications(Special Provisions,BDE Special Provisions,LR SP,Check Sheets,etc.) 4-BDE 220A-Estimate of Time Required 4-BDE 213-Estimate of Cost(with prices) 3-BDE 213-Estimate of Cost(without prices) 3-Cost Breakdowns for the LSUM Items 1-Dispositions of Comments IDOT's Original Markups JMB,BPS,NW,SWM Submit Phase III Engineering Agreement&Joint Agreement to City Council for Approval 4/8/2008 JMB,BPS,NW,SWM Submit Phase III Engineering Agreement&Joint Agreement to IDOT for Approval 4/9/2009 State Letting 6/12/2009 Project Award 7/3/2009 Project Execution 7/17/2009 Preconstruction Meeting at IDOT 7/24/2009 TBD Construction Begins 7/27/2009 •All dates are subject to change ••Per Region One's Letting Schedule,plans should be first submitted by December 19,2008 for the June 12,2009 letting G:\Public\Elgin\2008\EG0806 Summit Street LAPP Project\Engineering Agreement-Summit Street\Project Scope and Schedule ENGINEERING ENTERPRISES,INC. ATTACHMENT B DATE: 9/4/2008 CONSULTING ENGINEERS ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST ENTERED BY; TWT f PROFESSIONAL ENGINEERING SERVICES Summit Street LAPP Project City of Elgin,Kane and Cook Counties,Illinois ENGINEERING DRAFTING SURVEYING ADMIN. WORK WORK SENIOR SENIOR SENIOR SENIOR ITEM COST ITEM PRINCIPAL PROJECT PROJECT PROJECT PROJECT CAD PROJECT PROJECT PROJECT SENIOR HOUR PER NO. WORK ITEM ENGINEER MANAGER MANAGER ENGINEER ENGINEER MANAGER TECHN. TECHN. SURVEYOR SURVEYOR TECHN. SECRET. SUMM. ITEM DESIGN PHASE ENGINEERING 1.01 Conduct Project Kick-off Meeting with City Staff 2 2 2 2 8 $1,008 1.02 Perform Field Review/Confirm Conditions 4 6 10 20 $2,388 1.03 Perform and Process Field Topographic Survey 10 50 50 110 $10,260 1.04 Coordinate and Evaluate Soil Testing Data 8 8 $1,008 1.05 Prepare and Submit Preliminary Information to IDOT 2 4 8 20 34 $4,020 1.06 Prepare Plans and Specifications in Accordance with LAPP Guidelines 2 32 70 120 80 6 310 $35,604 1.07 Conduct Progress Meeting with City Staff 2 2 2 6 $852 1.08 Internal QA/QC of Plans and Specifications 2 8 8 18 $2,628 1.09 IDOT Adminstrative Project Coordination 4 8 12 $1,560 1.10 Prepare and Submit to CMAP and State Clearinghouse 4 8 2 14 $1,716 1.12 Prepare and Submit Revised(Final)PS&E to City Staff and IDOT 2 14 22 30 44 6 118 $13,464 Design Phase Engineering Total 6 14 74 134 160 0 144 0 10 50 50 16 658 $ 74,508.00 Project Total I 6 ( 14 I 74 1 134 I 160 I 0 I 144 I 0 I 10 I 50 I 50 I 16 I 658 I$ 74,508.00 FEE SCHEDULE AS OF 01/01/08 DIRECT COSTS Principal Engineer E-3 6 hours G $162 per hour= $972 Printing $1,200 Senior Project Manager E-2 14 hours @ $150 per hour= $2,100 Supplies&Misc. $500 Project Manager E-1 74 hours @ $138 per hour= $10,212 Terracon(Geotechnlcal) $5,000 Senior Project Engineer/Surveyor P-5 144 hours $126 per hour= $18,144 Project Engineer/Surveyor P-4 160 hours ® $108 per hour= $17,280 Senior Engineer/Surveyor P-3 0 hours it $99 per hour= $0 Engineer/Surveyor P-2 50 hours ® $90 per hour= $4,500 DIRECT EXPENSES= $6,700 CAD Manager E-1 0 hours B $138 per hour= $0 Senior Project Technician T-5 144 hours ® $108 per hour= $15,552 TOTAL LABOR COSTS Project Technician T-4 0 hours B $99 per hour= $0 Drafting Expenses= $15,552 Senior Technician T-3 50 hours u $90 per hour= $4,500 Surveying Expenses= $10,260 Secretary A-3 16 hours 0 $78 per hour= $1,248 Engineering Expenses= $47,448 HOURLY TOTAL= 658 TOTAL EEI LABOR= $74,508 Administrative Expenses= $1,248 TOTAL LABOR EXPENSES= $74,508 TOTAL CONTRACT COSTS=I 581,2081 G\PubliMEIgin\200e\EG0606 Summit Street LAPP Project\Engineering Agreement•Summit Streett4EG0906 Phase Two Fee Estimate.aslEG0e06 „ ATTACHMENT B Engineering nterprises Inc. STANDARD SCHEDULE OF CHARGES January 1, 2008 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171.00 Principal E-3 $162.00 Senior Project Manager E-2 $150.00 Project Manager E-1 $138.00 Senior Project Engineer/Planner/Surveyor II P-6 $126.00 Senior Project Engineer/Planner/Surveyor I P-5 $117.00 Project Engineer/Planner/Surveyor P-4 $108.00 Senior Engineer/Planner/Surveyor P-3 $ 99.00 Engineer/Planner/Surveyor P-2 $ 90.00 Associate Engineer/Planner/Surveyor P-1 $ 81.00 Senior Project Technician II T-6 $117.00 Senior Project Technician I T-5 $108.00 Project Technician T-4 $ 99.00 Senior Technician T-3 $ 90.00 Technician T-2 $ 81.00 Associate Technician T-1 $ 72.00 Administrative Assistant A-3 $ 78.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $129.00 2 Man Field Crew with Standard Survey Equipment $201.00 1 Man Field Crew with RTS or GPS * $159.00 2 Man Field Crew with RTS or GPS * $231.00 Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black&White) $1.00/Sq. Ft. (Color) *RTS=Robotic Total Station/GPS=Global Positioning System EE',Dcs Forms Genera SSC-Std Scnedule of Charges'STADSG108.DOC September 18, 2008 vL/ TO: Mayor and Members of the City Council ii FROM: Olufemi Folarin, City Manager David Lawry, P.E., General Services Group Director SUBJECT: Engineering Services Agreement with Engineering Enterprises, Inc. for the Resurfacing of Summit Street from Dundee Avenue to Hiawatha Drive 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. (EEI) for design engineering services for the resurfacing of Summit Street from Dundee Avenue to Hiawatha Drive. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the Engineering Services Agreement with EEI in the not-to-exceed amount of$81,210. BACKGROUND On June 27, 2008, EEI, on behalf of the City, submitted an application to the Kane/Kendall Council of Mayors (KKCOM) for the use of federal funds from the Surface Transportation Program (STP) to resurface Summit Street from Dundee Avenue east approximately 3,450 lineal feet to Hiawatha Drive. KKCOM reviewed the application and has noted the project as a top priority to receive funding in 2009 from its Local Agency Pavement Preservation Projects (LAPP) program. This program provides federal funding in the amount of 75% of the cost of construction and construction engineering. The local agency is responsible for the cost of design engineering and 25% of the construction and construction engineering cost. The estimated construction/construction engineering total cost for this project is $1,015,050. The City's 25% share is applied to the construction cost of $812,030 and to the phase III engineering cost of$121,810 for a total cost of$233,460. In addition, the City must pay the cost of design engineering ($81,210) for a total cost of$314,670. In order to ensure that the federal funds are secured and allocated in 2009, the City must complete plans and specifications and have the project ready to bid by December 2008. The subject Engineering Services Agreement with EEI will accomplish that task. r Engineering Services Agreement with EEI for the Resurfacing of Summit Street September 18, 2008 Page 2 A project location map is attached as Exhibit A. A copy of the Engineering Services Agreement is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The agreement with EEI will total $81,210. The total budget available for this project is $165,000. Funding is available in the Riverboat Fund account number 275-0000-791.93-80, "Public Ways/Street Improvements", project number 339942, "Summit Resurfacing 2009". In addition, $83,790 has been set aside for additional tree planting and parkway improvements that were not addressed in the previous Summit resurfacing project. In order to pay the remaining obligation of$233,460, funds will need to be allocated in the 2009 budget which may cause the elimination or postponement of an existing funded project. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Engineering Services Agreement with Engineering Enterprises Inc. in the amount of$81,210. 2. The City Council may choose not to approve the Engineering Services Agreement with Engineering Enterprises Inc, in the amount of$81,210. Respectfully submitted for Council consideration. do Attachments