10-188 a
Resolution No. 10-188
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
BURNS & McDONNELL ENGINEERING COMPANY, INC.
FOR 2011 EAGLE HEIGHTS NORTH WATER MAIN AND
STREET REHABILITATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS,that Sean R. Stegall, 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 Burns &
McDonnell Engineering Company, Inc. for the 2011 Eagle Heights North Water Main and Street
Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 13, 2010
Adopted: October 13, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 13thday of October ,2010_,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
Burns & McDonnell Engineering Company, Inc. (hereinafter referred to as "ENGINEER").
WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in
connection with 2011 Eagle Heights North Water Main and Street Rehabilitation Project,
(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 City Engineer of the
CITY, herein after referred to as the "DIRECTOR".
B. The Engineer will provide survey, detailed design, permit acquisition, and bidding
phase services for approximately 13,000 linear feet of water main replacement and
street resurfacing. Project includes the design of sidewalk replacement, storm and
sanitary utility adjustments, sanitary sewer point repairs, storm sewer adjustments,
water testing stations, survey monuments and other appurtenances consistent with
City requirements. Project also includes television inspection of all storm and
sanitary sewer in the Project Area,development of a standardized sign specification,
assistance in selection of standardized pavement mix(es)for use in the City,and due
diligence required to for certification of clean construction debris disposal in
accordance with Illinois Environmental Protection Agency._
C. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
a. Preliminary Plans and Specifications: November 5, 2010
b. Prefinal Plans and Specifications: December 10, 2010
c. Final Plans and Specifications: January 6, 2011
d. Bid Review: February 3, 2011
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule.A brief narrative will be provided identifying progress,findings and
outstanding issues.
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 DIRECTOR provided, however, that the ENGINEER may retain copies of
such work products for its records. Such work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and
such reuse shall be at the sole risk of the CITY without liability or legal exposure to the
ENGINEER.
4. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at the rate of 3.0 times the direct
hourly rate of personnel employed on this PROJECT,with the total fee not to exceed
$281,068.84, regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of the work are authorized in writing by the
DIRECTOR.
B. For outside services provided by other firms or subconsultants, the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER, plus 5%.
C. Other reimbursable components of the fee include:
a. Survey Total Station or GPS $225 per day.
b. See Attachment C for other reimbursable components.
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Full payment for the
project shall not be made until the project is completed and accepted by the
DIRECTOR.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports 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.
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 DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR 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. Notwithstanding the foregoing or anything else to the
contrary in this agreement,with the sole exception of the monies the CITY has agreed to pay
to the ENGINEER pursuant to Section 4 hereof, no action shall be commenced by the
ENGINEER or any other related entity against the CITY for monetary damages.
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.
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 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.
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 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 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 DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS, METHODS,TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, 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.
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
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.
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 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.
27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to CITY:
JOSEPH EVERS, P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
RANDALL L. PATCHETT, P.E.
Associate
Burns & McDonnell Engineering Company, Inc.
1431 Opus Place
Downers Grove, Illinois 61515
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.
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 THC ENGINE ' •
By /Ire/ By
City anager ► per; t v'; ?les:Jew
Attest: Attes
City Clerk Loutg
F:\Public_Works\Engineering\Capital Projects\2011 Street Rehabilitation\2010 AGREEMENT Street Rehab.doc
Attachment A
DESIGN, ADMINISTRATION &
PLANNING ENGINEERING ACTIVITIES
2011 Eagle Heights North Water Main and Street Rehabilitation
Project
1. OVERALL
1. General: Burns & McDonnell Engineering Company, Inc. (Design Engineer) will
serve as the City of Elgin's representative for the entire design and administration of the
planning for the project as assigned by the City. As such he will function as an
extension of the City's staff and be responsible for overall implementation and
management of the project. The Desgin Engineer shall include implementation of City
policies, program administration, coordination and monitoring of consultants and
contractors providing overall management control and direction to insure completion of
the bidding and planning documents in accordance with the City's objectives of cost,
time and quality. The Design Engineer will work closely with and report to the City
Engineer or his designee. It shall be understood that the Design Engineer will act as
the City Engineer on this project and shall coordinate with other City entities such as
the Legal Department, City Clerk, Purchasing Director, Water Director, Sewer Director
and Street Director. The Design Engineer shall be responsible for acting as the City
Engineer on this project in regards to Federal, State and County issues as well.
2. Law: The Design Engineer is expected to understand all State, County and City Laws
governing the implementation of his bidding and planning documents.
2. DESIGN
a. Project Location:
Exhibit 1 establishes the streets and/or areas to be includes in the Design
Engineer's bidding and planning documents.
b. Project Kickoff:
Establish lines of communication.
Present a work plan for the project including schedule milestones, design
criteria(utilize existing standard City contract as a base model), list of
information needed to begin design.
Acquire existing information including previous reports plans of recent
development and relevant site information.
Collect water, sanitary and storm atlases.
Interview and document same, the Sewer, Water and Street departments for
their knowledge of issues within the project location.
Collect and analyze public utility records and notify utility of pending project.
c. Inspection of project Location:
The Design Engineer shall provide site inspection of the entire area as well as
immediately adjacent area. The following shall be included;
• Internal Televising of all sanitary and storm sewers
• Physical inspection, including photographs, of all manholes, valve vaults,
catch basins, inlets, electrical vaults.
• Video recording of existing improvements within and adjacent to the
project location. Also, private property as it abuts the project.
• Complete geotechnical investigations where deem necessary by the Design
Engineer.
• Signage inventory.
• Pavement marking inventory.
• Trees inventory.
• Lighting inventory.
• Video Inspection of entire project.
d. Signage Specification:
Engineer shall develop a standard signage specification for use on City projects.
Engineer will work closely with City personnel to develop a standardized
specification that is consistent with City and IDOT requirements. It is anticipated
that three meeting will be required with City personnel. The specification will
include modifications to signage details as necessary. Work product will be
provided in a format acceptable to the City.
e. Pavement Mix Standardization:
Engineer shall make evaluate and make recommendations for use of standard
pavement mixes to be used in the City of Elgin. Multiple pavement mixes may be
selected based on the anticipated traffic use. Modifications to standard mix designs
will be recommended as appropriate. It is anticipated that a minimum of two
meetings with City staff will be required for completion of this task.
f. Clean Construction Demolition Debris:
Engineer shall complete industry standard environmental survey consisting of a
PESA and limited soil borings to determine if potentially impacted soils exist in the
project area. A summary report will be provided to the City prior to completion of
the final design.
g. Bike Trail Master Plan:
Engineer shall review the City of Elgin Bike Trail Master Plan and design project
that is consistent with the plan.
h. Scope of Work Refinement:
Based upon the collection of the above information, the Design Engineer shall
refine the scope of work, including an estimate of cost, and obtain approval from
the City. The Design Engineer shall include alternatives sufficient to insure the
base bid will be below the total budget(when considering testing, publications,
inspections and other typical costs found in construction projects).
i. Construction Documents:
Design Engineer will complete plan sheets as necessary, construction estimates,
construction specifications, bid and contract documents utilizing a City format.
Any alterations or additions to the City format shall be highlighted and fully
explained to the City Engineer or his representative. Plan sheets shall be
provided for all underground work including water main, storm sewer and sanitary
improvements.
j. Scheduling:
For this agreement, the Design Engineer shall develop a schedule for all steps
from execution of this agreement to contract award. The schedule shall be
updated at a miniumum of every two weeks and submitted to the City Engineer or
his designee.
k. Surveying:
The Design Engineer shall provide a topographic survey of the portions of the
project that require water, storm and/or sanitary sewer construction or
replacement. The survey shall also pick up existing underground improvements
that the City is not improving if the City does not have as constructed drawing for
same. Base plan sheets will be developed from this survey at a maximum scale
of 1"=50'.
1. Construction Estimate:
The Design Engineer shall prepare several estimates related to the work the City
desires to have completed under this project. Separate estimates are required
for each of the utilities and separate locations should the project include
multiple locations. In addition, the Design Engineer shall set the project
estimates up to allow for alternates to insure a project may be bid and awarded
as close to the budget as possible.
m. Agency coordination:
At a minimum, the Design Engineer shall schedule meetings with the City and any
other interested agency, at about the midway point in their plan and specification
development to insure they are meeting the expectations of the City. A second
meeting shall be held with the City at approximately 95% completion to finalize
the bid, specifications and planning documents.
The Design Engineer shall prepare any and all necessary permits and documents
required by the Illinois Environmental Protection Agency, Illinois Department of
Transportation, or any other governmental agency that has a regulatory interest in
the project.
The Design Engineer shall coordinate with all public utility companies including
verification of the soundness of their structures and any potential
relocations/delays.
n. Open House:
The Design Engineer shall locate, schedule and hold an open house for the
properties abuting the project location. The Design Engineer shall hand deliver
or U.S. Mail to each abutting property a notice of this open house a minimum of
seven calendar days in advance.
3. BIDDING
1. Prepare bid forms, notices and addendum as necessary for bidders.
2. Coordinate with the local newspaper to insure the notice is published 10 days in
advance of the bid opening.
3. Provide (25) sets of drawings and specifications to be issued by the City to
prospective bidders.
4. Attend pre-bid meeting with prospective bidders to provide clarification for issues
and concerns from bidders. The Engineer will also distribute minutes from pre-
bid meeting to the City and all meeting attendees with written answers to
concerns/questions from the meeting.
5. The selected Engineer will receive bidder questions and requests for clarification.
Based on these questions and requests, the selected Engineer will prepare
addenda as necessary to respond to the questions presented. Addenda will be
issued to the City for distribution to the bidders.
6. Attend the bid opening and evaluate the bids and bidders to determine if the bids
were submitted in accordance with the contract documents and if the bidders are
qualified to perform the work. Following this review, a recommendation will be
presented to the City for award of the construction contracts.
7. Prepare tabulation of bids for distribution to City agencies and interested bidders.
8. Assist the City in the preparation of six (6) copies of final contracts for execution
by the successful bidder and the City.
City of Elgin
`� of Ego, ,
Attachment B -2011 Eagle Heights North Water Main and Street Rehabilitation Burns
c,/�"�"t-,
i' Project Schedule McDonnell
4,7 SINCE 1898
September 22, 2010
2010/2011
PROPOSED PROJECT TASKS September October November December January February March April
Notice To Proceed
Task 1.1 -Preliminary Design
Task 1.2-Design and Preparation of Construction Bid Documents
Task 1.3-Opinion of Probable Construction Costs
Task 1.4-Submit Drawings and Specifications to the City for Review
•
Task 1.5-Assist the City with Permit Applications
Task 1.6-Prepare Bid Forms, Notice, and Addenda
Task 11.1 -Provide Twenty-Five(25)Sets of Final Bid Documents
Task 11.2-Assist the City with Bidding Phase
Task 11.3-Assist the City with Bid Review
Task 11.4-Preparation of Final Contracts
Plan Submittals to the City of Elgin ■
Attachment C
Other Reimbursable Costs
Burns & McDonnell Engineering Company, INC.
Company Reprographics
Billing Schedule
Effective Date Central Reprographics Only
January 1,2010 (Color Volume Discounts - per page)
81/2x11 to 81/2x14 11x17
1 - 2500 $0.70 $1.40
PHOTOCOPY 2501 - 7500 $0.65 $1.30
The photocopy process is used for either black and 7501 15000 $0.60 $1.20
white or color copies/prints up to 11x17. Stock used can 15001 - 25000 $0.55 $1.10
be from 20 lb. bond to 70 lb. cover weight, including 25001 - up $0.50 $1.00
index tabs. This process is best utilized by:
• Book printing • Specification covers * Larger than 11x17 - See Large Photocopy
• Letters and memos • Report covers
• Line drawings • Specifications Handwork: Labor-charge$32.50 per hour.
• Manuals • Addendums Overtime work will be billed at$48.50 per hour.
• All preliminary • Single-color newsletters
documents Minimum overtime charge is one hour.
• Forms • Meeting notes
Binding/Finishing
PHOTOCOPY - Imaging/Printing on 20 lb. bond Up to 11x17
B/W Copies/Prints 3 Hole Drill Per Drill $0.10
81/2x11 to 81/2x14 $0.08 Folding(machine) Per Page $0.03
11x17 $0.16 Folding(by hand) Per Page $0.10
Color Copies/Prints Staple(machine) Per Staple $0.02
Staple(by hand) Per Staple $0.04
81/2x11 to 81/2x14 $0.70
11x17 $1.40 Edge Bind Per Book $2.00
Acco Bind Per Book $2.00
Central Reprographics Only Velo Bind Per Book $2.15
(B/W Volume Discounts - per page) Standard Bind Per Book $3.00
81/2x11 to 81/2x14 11x17 GBC Plastic Bind Per Book $3.33
1 - 2500 $0.08 $0.16 Screw Post Bind Per Post $1.50
2501 -7500 $0.07 $0.14 Hand Inserting Per Page $0.15
7501 - 15000 $0.06 $0.12 Laminating
15001 - 25000 $0.05 $0.10 Double Sided
25001 -up $0.04 $0.08 8'/2x11 EA $2.50
11x17 EA $4.00
The rates shown above are effective for services through December 31,2010,and are subject to revision thereafter.
REPRO10.DOC 1
LARGE PHOTOCOPY
Black line copies up to 36" wide are available on the OCE DISCOUNT TABLE/CENTRAL
TDS 800 scanner printer. This copier offers a 25% REPROGRAPHICS
reduction to 400%enlargement. This copier scans the Square footage rounds up
original drawings into memory then prints the required
number of sets. All plots will be on bond copy,vellum, or Over 3,000 Sq. Ft. Per Order Unit Price
mylar at client's request. This process is best utilized by:
•Approval sets 12x18 $0.42
• Draft sets
• Preliminary sets 15x21 $0.63
•Bid sets full or half size
18x24 $0.63
This copier produces very high resolution, especially on
dot patterns, solids,photos, etc. 22x34 $1.26
24x36 $1.26
BLACK/WHITE LARGE FORMAT 28x40 $1.68
Square footage rounds up
30x42 $1.89
Unit Price
34x44 $2.31
$0.28 per Sq Ft
36x48 $2.52
12x18 $0.56
15x21 $0.84
Finishing
18x24 $0.84
Folding(by hand) Per Sq.Ft. $0.20
22x34 $1.68 Staple(by hand) Per Staple $0.04
24x36 $1.68 Staple with edge binder Per Set $5.00
28x40 $2.24 Standard Bind Per Set $6.00
30x42 $2.52 Post bind Per Post $1.50
34x44 $3.08
36x48 $3.36 Handwork will be charged if total time needed to
complete is more than 15 minutes.
Labor charge is$32.50 per hour.
Larger than 12 sq. ft.: Overtime will be billed at$48.50 per hour.
Actual square footage x$0.28 per sq. ft.
Minimum overtime charge is one hour.
For vellum, add$0.12 per sq. ft.
For mylar add$0.70 per sq. ft.
The rates shown above are effective for services through December 31,2010,and are subject to revision thereafter.
REPRO10.DOC 2
PLOTTING
Monochrome plotting is performed at 400 DPI on plain paper. The technology is high-speed LED electro photography.
Plots are billed to the project at$0.28 per square foot.
Color Plotting
Per Square Foot $6.00
Per Square Foot over 3000 Square Feet $5.40-Central Reprographics Only
SCANNING
Scanning to file 8'/2x11 to 11x17 black&white
1-500 Scans $0.08 per page
Over 500 Scans $0.07 per page- Central Reprographics Only
Scanning to file larger than 11x17 black&white.
1-1000 scans $2.65 per scan
1001 and above scans $1.00 per scan- Central Reprographics Only
Scanning to file up to 11x17 color $0.70 per scan
Scanning to file larger than 11x17 color.. $10.00 per scan
CD Burn(1-10) $8.00
CD Burn(11+) $5.00
The rates shown above are effective for services through December 31,2010,and are subject to revision thereafter.
REPRO10.DOC 3
Company Vehicle
Billing Schedule
Effective Date
January 1,2010
Burns&McDonnell fleet vehicle use is charged using For needs involving vehicle types that do not appear in
an assigned time component and a miles traveled the following table, charges will be established from
component. The assigned time component provides prevailing market prices for the vehicle,miles it
for daily,weekly and monthly durations. The miles travels, and insurance. For situations requiring higher
traveled component relates to variable costs such as insurance limits than required by statue,a vehicle high
fuel, lubrication,tires, maintenance, routine cleaning, insurance limits charge can be prepared.
etc.
Base Rate
The daily charge applies when a vehicle is assigned for Type of Mileage
7 days or less. The daily charge is for each 24-hour Vehicle Daily Weekly Monthly Charge
period or fraction thereof. Sedan,4 dr $58 $290 $1,160 $0.29
The weekly charge applies when a vehicle is assigned Van 65 325 1,300 0.34
for more than 7 consecutive days and less than 6
continuous weeks. For fractions of a week over 7 Van, 12-15
consecutive days,the weekly rate will be prorated by Passenger 107 536 2,140 0.35
the number of days and fractional days the vehicle is Truck- 2WD 50 250 1,000 0.32
assigned(one-seventh per calendar day).
Pickup, 1/2T
The monthly charge applies when a vehicle is assigned Truck-4WD 60 300 1,200 0.35
for more than 6 continuous weeks. For fractions of a Pickup, 1/2T
month over 6 continuous weeks,the monthly rate will
be prorated by the number of months and fractional Truck- 2WD 60 300 1,200 0.32
months the vehicle is assigned(one thirtieth per Pickup, 1/2T C.C.
calendar day). Truck-2WD 55 275 1,100 0.32
Employee-owned vehicles are charged at the per mile Pickup, 1/2T Ext. C.
amount allowed by the Internal Revenue Service for Truck- 4WD 68 338 1,350 0.35
business miles. Vehicles rented at destinations as part
Pickup, 1/2T C.C.
of short duration travel, such as airports,are charged
per the receipt amount from the rental company,plus Truck-4WD 64 319 1,275 0.35
fuel, insurance, and other directly applicable amounts Pickup, 1/2T Ext. C.
such as extra cleaning. Truck- 4WD 62 310 1,240 0.36
The base rate table displays Burns&McDonnell fleet Pickup, 3/4T
vehicle charges that, in addition to providing the Truck-4WD 70 490 1,960 0.36
vehicle,provides all fuel,maintenance, repairs, fleet Pickup-3/4T C.C.
care and scheduling, liability insurance required by
statute and physical damage insurance for a 15% Truck- 2WD 65 325 1,300 0.35
surcharge will be added to the time component and Pickup, ITN
mileage component charges displayed in the following Truck-4WD 75 375 1,500 0.36
table. Pickup, 1T
SUV-4WD 65 325 1,300 0.35
Utility Trailer 15 75 300
These rates are effective through December 31,2010,and are subject to revision thereafter.
VEHICLE10.DOC
CAD/Computer, Electronic
Storage Media, and Telephone
Billing Rates
Effective Date
January 1,2010
COMPUTER-AIDED DESIGN (CAD) Electronic Media:
WORKSTATION RATE
1-10 CDs $8.00/CD, same content,electronic
The following rate includes the use of a workstation at the file burning
company premises. They also include the use of basic 11+CDs $5.00/CD, same content, electronic
CAD software. file burning
Rates* 1-10 DVDs $20.00/DVD, same content,
CAD $21.50/hr electronic file burning
11+DVDs $10.00/DVD, same content,
Non-CAD Computer Rate electronic file burning
Non-CAD computer usage is billed at$11.00/hr*. This
rate includes the use of general purpose software. Telephone Rates
Long distance telephone calls and facsimile transmissions
Presentation Graphics are made through a call accounting system. The cost per
Our sophisticated graphics system is billed at a fixed minute for project-billable calls is as follows:
hourly rate which does not include paper or film output. Rates:
Rates* Calls within the United States: $.11/minute
Large format plots $6.00/sq. ft (including Alaska and Hawaii)
Conferencing-Audio Only $.11/minute
*Rates do not include operator labor or some specialized Web-Live Meeting $.15/minute
design software.
Video Conferencing
Calling Card Rates Domestic $175/hour
Long distance calls made outside the office are based on International $375/hour
MCI's calling card rates: Facsimile Rates
Rates: Outgoing Facsimile transmissions are billed at$.50 a
page.
Calls within the state of Missouri: $.65/minute
Calls to other states: $.44/minute Service Rates
All other services(i.e. hotel phone bills,video conference
calls, and assisted conference calls)will be billed at our
Regional and Site Offices invoiced cost plus 20%.
Separate billing schedules are available for regional and
site offices. International billing schedule is also
available.
The rates shown above are effective for services through December 31,2010,and are subject to revision thereafter.
CAD10.DOC 1
Company Courier
Billing Schedule
Effective Date
January 1, 2010
Burns& McDonnell courier rates include all
labor, vehicle,parking and toll charges as shown
in the following table.
1 to lO Miles $13.00
11 to 20 Miles $19.00
21 to 30 Miles $24.00
31 to 40 Miles $28.00
41 to 50 Miles $45.00
51 to 60 Miles $65.00
61 + mi, per mi $ 1.75
These rates are effective through December 31,2010, and are subject to revision thereafter.
COURIER10.DOC
h?.7) ?,^i'-o/OR & !MEMBERS BERS OI= CITY COUNCIL E L(3 I NJ
THE CITY IN THE SUBURBS
MEETING DATE: September 22, 2010
INITIATIVE C: Consideration of an Engineering Services Agreement with Burns and
McDonnell for 2011 Eagle Heights North Neighborhood Street
Rehabilitation Project
COMMUNITY GOAL
■ Financially Stable City Government: To preserve and enhance the city's sound
and resilient financial condition thru long-term planning for service delivery and
infrastructure needs
OBJECTIVE
• Provide for the on-going maintenance of city's streets in order to strengthen
the city's neighborhoods and the overall appearance of the community
PURPOSE
• Provide engineering services to evaluate and design the street and utility
systems within the Eagle Heights North neighborhood and to finalize bid
documents to complete construction in 2011
RECOMMENDATION
• Authorize staff to execute an engineering services agreement with Burns and
McDonnell for the engineering services necessary to prepare design and bidding
documents for the 2011 Eagle Heights North Neighborhood Street
Rehabilitation project
BACKGROUND
The city began an aggressive program to rehabilitate its streets beginning in the early 1990s
corresponding with increasing investment in the city's neighborhoods. Prior to that, there was
no consistent effort to address the increasing degradation of the city's streets. The initial effort
focused primarily on surface pavement restoration along with minor sidewalk, curb and gutter
repairs. As the program expanded, coinciding with the introduction of the City's Five-Year
Financial Plan, utilities were evaluated for replacement and sidewalks, curb and gutters
underwent restoration versus minor repair.
r
FINANCIAL ANALYSIS 41)
The city has indicated a desire to take advantage of an anticipated competitive bidding
environment for construction projects in 2011. Staff is proposing to move programmed funding
from 2012 up to 2011 for Riverboat, Water and Sewer Funds to complete as much as possible
during the favorable bidding atmosphere. The current five year program includes $3,000,000 in
2011 and $3,500,000 in 2012.
The cost of engineering services for design and bidding services for the 2011 Eagle Heights
North Neighborhood Street Rehabilitation project is a not-to-exceed amount of$281,068.84. Of
this amount, $171,070 will be funded by the 2005 G.O. Bond Fund, and the remaining$110,000
will be funded by the 2004 G.O.Bond Fund.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
2004 Bond 384-0000-795.93-80 59911F $110,000 $110,000
2005 Bond 365-4000-795.93-80 59911F $171,069 $171,069
LEGAL IMPACT
Approval,of the subject agreement is considered an exception to the procurement ordinance
and requires a two thirds vote for approval.
ALTERNATIVE COURSES OF ACTION
The city council could choose to postpone engineering design and bidding until 2011 and plan
for construction in 2012.
NEXT STEPS
1. Execute engineering services agreement.
2. Complete design and bid documents
3. Submit lowest qualified bid for council consideration
4. Complete construction during the 2011 construction season.
Prepared by: Joe Evers, City Engineer
Reviewed by: David Lawry, Public Services Director
Reviewed by: Colleen Lavery, Chief Financial Officer
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Rick Kozal,Assistant City Manager/Chief Operating Officer
Approved by:
1S n R. Stegall, City M ager
ATTACHMENTS
A: Project location map
B: Engineering services agreement
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EXHIBIT A
LOCATION MAP
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EXHIBIT B
ENGINEERING SERVICES AGREEMENT
rik AGREEMENT
THIS AGREEMENT is made and entered into this day of ,2010,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
Bums&McDonnell Engineering Company, Inc._(hereinafter referred to as"ENGINEER").
WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in
connection with 2011 Eagle Heights North Water Main and Street Rehabilitation Project,
(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 City Engineer of the
CITY,herein after referred to as the"DIRECTOR".
B. The Engineer will provide survey, detailed design,permit acquisition, and bidding
phase services for approximately 13,000 linear feet of water main replacement and
rstreet resurfacing. Project includes the design of sidewalk replacement, storm and
[ sanitary utility adjustments, sanitary sewer point repairs, storm sewer adjustments,
water testing stations, survey monuments and other appurtenances consistent with
City requirements. Project also includes television inspection of all storm and
sanitary sewer in the Project Area,development of a standardized sign specification,
assistance in selection of standardized pavement mix(es)for use in the City,and due
diligence required to for certification of clean construction debris disposal in
accordance with Illinois Environmental Protection Agency.
C. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
a. Preliminary Plans and Specifications: November 5, 2010
b. Prefinal Plans and Specifications: December 10,2010
c. Final Plans and Specifications: January 10, 2011
d. Bid Review: February 10, 2011
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule.A brief narrative will be provided identifying progress,findings and
outstanding issues.
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 DIRECTOR provided,however, that the ENGINEER may retain copies of
such work products for its records. Such work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and
such reuse shall be at the sole risk of the CITY without liability or legal exposure to the
ENGINEER.
4. PAYMENTS TO THE ENGINEER(Lump Sum Method)
A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump
sum of$281,068.84 Dollars,regardless of actual Costs incurred by the ENGINEER
unless substantial modifications to the project are authorized in writing by the
DIRECTOR.
B. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Full payments for each
task shall not be made until the task is completed and accepted by the DIRECTOR.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports 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.
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 DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR 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. Notwithstanding the foregoing or anything else to the
contrary in this agreement,with the sole exception of the monies the CITY has agreed to pay
to the ENGINEER pursuant to Section 4 hereof, no action shall be commenced by the
ENGINEER or any other related entity against the CITY for monetary damages.
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
(11.14 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.
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 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.
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 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 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 DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, 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
(11.16‘ 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.
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
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.
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 5133E 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; 41111)
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 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.
27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid, addressed as follows:
A. As to CITY:
JOSEPH EVERS,P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
RANDALL L.PATCHETT,P.E.
Associate
Burns&McDonnell Engineering Company,Inc.
1431 Opus Place
Downers Grove,Illinois 61515
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.
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 By
City Manager
Attest:
City Clerk
F:\Public_Works\Engineering\Capital Projects\2011 Street Rehabilitation\2010 AGREEMENT Street Rehab.doc
Attachment A
DESIGN, ADMINISTRATION &
PLANNING ENGINEERING ACTIVITIES
1. OVERALL
1. General:The Desgin Engineer will serve as the City of Elgin's representative for the
entire design and administration of the planning for the project as assigned by the City.
As such he will function as an extension of the City's staff and be responsible for
overall implementation and management of the project. The Desgin Engineer shall
include implementation of City policies,program administration, coordination and
monitoring of consultants and contractors providing overall management control and
direction to insure completion of the bidding and planning documents in accordance
with the City's objectives of cost,time and quality. The Design Engineer will work
closely with and report to the City Engineer or his designee. It shall be understood
that the Design Engineer will act as the City Engineer on this project and shall
coordinate with other City entities such as the Legal Department,City Clerk,
Purchasing Director,Water Director,Sewer Director and Street Director. The Design
Engineer shall be responsible for acting as the City Engineer on this project in regards
to Federal, State and County issues as well.
2. Law: The Design Engineer is expected to understand all State,County and City Laws
governing the implementation of his bidding and planning documents.
2. DESIGN
Preliminary Design:
a. Project Location:
Exhibit 1 establishes the streets and/or areas to be includes in the Design
Engineer's bidding and planning documents.
b. Project Kickoff: "
Establish lines of communication.
Present a work plan for the project including schedule milestones, design
criteria(utilize existing standard City contract as a base model), list of
information needed to begin design.
Acquire existing information including previous reports plans of recent
development and relevant site information
Collect water, sanitary and storm atlases
Interview and document same,the Sewer,Water and Street departments
for their knowledge of issues within the project location.
Collect and analyze public utility records and notify utility of pending
project.
c. Inspection of project Location:
The Design Engineer shall provide site inspection of the entire area as well as
immediately adjacent area. The following shall be included;
• Internal Televising of all sanitary and storm sewers
• Physical inspection,including photographs,of all manholes,valve vaults,
catch basins,inlets,electrical vaults.
• Video recording of existing improvements within and adjacent to the
project location. Also,private property as it abuts the project.
• Complete geotechnical investigations where deem necessary by the Design
Engineer.
• Signage inventory.
• Pavement marking inventory.
• Trees inventory.
• Lighting inventory.
• Video Inspection of entire project.
d. Signage Specification
Engineer shall develop a standard signage specification for use on City projects.
Engineer will work closely with City personnel to develop a standardized
specification that is consistent with City and IDOT requirements. It is anticipated
that three meeting will be required with City personnel. The specification will
include modifications to signage details as necessary. Work product will be
provided in a format acceptable to the City.
e. Pavement Mix Standardization
Engineer shall make evaluate and make recommendations for use of standard
pavement mixes to be used in the City of Elgin. Multiple pavement mixes may be
selected based on the anticipated traffic use. Modifications to standard mix designs
will be recommended as appropriate. It is anticipated that a minimum of two
meetings with City staff will be required for completion of this task.
f. Clean Construction Demolition Debris
Engineer shall complete industry standard environmental survey consisting of a
PESA and limited soil borings to determine if potentially impacted soils exist in the
project area. A summary report will be provided to the City prior to completion of
the final design.
g. Scope of Work Refinement:
Based upon the collection of the above information,the Design Engineer shall
refine the scope of work, including an estimate of cost, and obtain approval from
the City. The Design Engineer shall include alternatives sufficient to insure the
base bid will be below the total budget(when considering testing,publications,
inspections and other typical costs found in construction projects).
h. Construction Documents: 4111)
Design Engineer will complete plan sheets as necessary,construction estimates,
construction specifications,bid and contract documents utilizing a City format.
Any alterations or additions to the City format shall be highlighted and fully
explained to the City Engineer or his representative. Plan sheets shall be
provided for all underground work including water main, storm sewer and sanitary
improvements.
e. Scheduling:
For this agreement,the Design Engineer shall develop a schedule for all steps from
execution of this agreement to contract award. The schedule shall be updated at a
miniumum of every two weeks and submitted to the City Engineer or his designee.
i. Surveying:
The Design Engineer shall provide a topographic survey of the portions of the
project that require water, storm and/or sanitary sewer construction or
replacement. The survey shall also pick up existing underground improvements
that the City is not improving if the City does not have as constructed drawing for
same. Base plan sheets will be developed from this survey at a scale of 1"=50'.
j. Construction Estimate:
The Design Engineer shall prepare several estimates related to the work the City
desires to have completed under this project. Separate estimates are required 141)
for each of the utilities and separate locations should the project include
multiple locations. In addition,the Design Engineer shall set the project
estimates up to allow for alternates to insure a project may be bid and awarded
as close to the budget as possible.
h. Agency coordination:
At a minimum,the Design Engineer shall schedule meetings with the City and any
other interested agency, at about the midway point in their plan and specification
development to insure they are meeting the expectations of the City. A.second
meeting shall be held with the City at approximately 95%completion to finalize
the bid,specifications and planning documents.
The Design Engineer shall prepare any and all necessary permits and documents
required by the Illinois Environmental Protection Agency, Illinois Department of
Transportation, or any other governmental agency that has a regulatory interest in
the project.
The Design Engineer shall coordinate with all public utility companies including
verification of the soundness of their structures and any potential
relocations/delays.
i. Open House:
The Design Engineer shall locate, schedule and hold an open house for the
properties abuting the project location. The Design Engineer shall hand deliver
or U.S.Mail to each abutting property a notice of this open house a minimum of
seven calendar days in advance.
3. BIDDING
1. Prepare bid forms,notices and addendum as necessary for bidders.
2. Coordinate with the local newspaper to insure the notice is published 10 days in
advance of the bid opening.
3. Provide(25) sets of drawings and specifications to be issued by the City to
prospective bidders.
4. Attend pre-bid meeting with prospective bidders to provide clarification for issues
and concerns from bidders. The Engineer will also distribute minutes from pre-
bid meeting to the City and all meeting attendees with written answers to
concerns/questions from the meeting.
5. The selected Engineer will receive bidder questions and requests for clarification.
Based on these questions and requests,the selected Engineer will prepare
addenda as necessary to respond to the questions presented. Addenda will be
issued to the City for distribution to the bidders.
6. Attend the bid opening and evaluate the bids and bidders to determine if the bids
were submitted in accordance with the contract documents and if the bidders are
(116' qualified to perform the work. Following this review,a recommendation will be
presented to the City for award of the construction contracts.
7. Prepare tabulation of bids for distribution to City agencies and interested bidders.
8. Assist the City in the preparation of six(6)copies of final contracts for execution
by the successful bidder and the City.
. . .
EXHIBIT 1
OF ATTACHMENT A
2011 Street Rehabilitation
Eagle Heights North
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City of Elgin
% Engineering Services for 2011 Eagle Heights North Water Main and Street Rehabilitation Project Burn, '
v� Estimated Engineering Fees for Design and Bidding Support �>•
September 3,2010 1\1cDnn nel1
'"'• SINCE 169E:
Tro1l''yc3f°(:�'r },.yJ.:r sut,Q",.;'•^•' ; ,.Mr Cr . l r:' f ! '. d3::�`c.
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. 141k12.....;1241... ..•.._... .. ..'4:22%. .,...12k' ''6$X'. . .e(l10.; - or_Z. ,-. .a.:ir:w ...._.....1`-f"!:iika.:�:' !1u61>,
Task 1-Design Phase •
I.I.Preliminary Design
Praia%Kdc-otfMeeting 4 4 4 $160.60 s¢% 61790.96
Site Visit&Routing Evalsutioa 1 32 16 $700.60 $300.4$ $7,944.40
Survey and Eminent Preparation 12 24 240 56,50000 $1,016.72 836.710.71
Omlabniwl information/Pavement Coca 2 1 .0 ., 113,500.90 035.10 $14,953.10
Televising of Storm and Salutary Sevwi 3 16 8 142,00000 19381 43351.01
UtiliNInsPettion 24 24 $171.4 $6,291.4
Signer Inventory-lsolnded odor tasks $0.00
Lighting Inventory-Included is other tasks 10.00
Tree Inventory-Included in other tab 12 54196 $1,146.96
Video bisection•included in odor tasks • 10.00
EnvieonmsR1l Soil Testing 3 I2 12 511000.00 *9380 $214678$
. UJlty Coadhmdon 4 a SS0.00 $42.00 $1,510.00
Pavement Ma Design 4 31480 5566.00, 1ae�..
Preliminary Pajoet Plans 1 64 4 60 050080 073196 326,70696
Technical Design Memorandum 1 16 33000 $15.63 *3.599.93
12,Delta and Preparation of Constriction Bid Documents Cera.
Additional Survey end Data Acquisition a 16 350200 315.92 53,339.92' ti:
Pre-Pinal Design Documents 4 96 144 64 8 330080 $1.102.4 *399,254.64
Technical Qua"Assume 16 24 3100.00 $143.10 $606720 l I
Preliminary Design Document Review with City 6 6 6 $50.00 06650 3231684
' Final Naga(30064)and Submittal 0 12 114 4S 1 3300.00 $902.16 031,640.16
Specifications&Quandda 4 40 40 125.00 110272 511,15172
1.6()pinion of Probable CoMrucdoa Cost 2 $ 16 > 093.05 331383.00
CD
1.4 Submit Drawings and Spe6rieatiem to the City for Review 380 480
-Tuk 2.4 has been Incorporated into Task 1.2 ten f.
1...5 Assist the City with Permit Applealioos 3 1 :13200 535.10 0139780
tgi
2.6 Prepare laid Forum,Notices,and Addenda 2 4 - 1 $50.13 31,152.12
Task!!-Bidding Phan
ILu Provide 25 Sets of Find Design Doormats s 12 $ 9,000.00 $71.60 $3,107.60
1L2 Assist City with Bidding Please 2 4 s $30.10 050.12 51,902.12
IL3 Assist City with Bid Review 2 4 0 15212 11,83213
IL4 Preparation of real Contracts 1 4 $ 050.00 35212 $1,902.12
Total boon 0 32 44 360 436 24
Hourly Bgllal gum 3162.00 II12.4Q 15106 $157.40 1100.01 19690
Micas 5000 012,17404 567,060.06 163.90.60 543,600.46 $1,554.40 003,9100 13,71636 528I,06a84
Total Fee 5281,068.84
City of Elgin
<ci off E��, 2011 Eagle Heights North Water Main and Street Rehabilitation Bu 1-p
�` z Project Schedule McDonnell�' c.
y ♦ �I:'v-� SINCE 18 9 8
��~ September 8, 2010
•
201012011
PROPOSED PROJECT TASKS .
September October November December January February March April
Notice To Proceed
Task I.1-Preliminary Design 1
Task 1.2-Design and Preparation of Construction Bid Documents NOMENIEMMIKUNE tta
Task 1.3-Opinion of Probable Construction Costs
Task 1.4-Submit Drawings and Specifications to the City for Review eD
eD
Task 1.5-Assist the City with Permit Applications
Task 1.6-Prepare Bid Forms,Notice,and Addenda
Task 11.1-Provide Twenty-Five(25)Sets of Final Bid Documents
Task 11.2-Assist the City with Bidding Phase _ -
Task 11.3-Assist the City with Bid Review
Task 11.4-Preparation of Final Contracts _ III
Plan Submittals to the City of Elgin yf:Jj
\1
ELGIN
THE CITY IN THE SUBURBS-
Date: October 18, 2010
To: Joe Evers, City Engineer
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution Nos. 10-188 through 10-191, Adopted at the October 13, 2010,
Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Agreement with Burns & McDonnell Engineering Company, Inc. for 2011 Eagle Heights
North Water Main and Street Rehabilitation Project
• Agreement with Hampton Lenzini and Renwick, Inc. for 2011 Center/Seneca
Neighborhood Street Rehabilitation Project
• Agreement with Engineering Enterprises, Inc. for 2011 Street Rehabilitation Program-
Raymond Street
• Agreement with Christopher B. Burke Engineering, Ltd. for 2011 North Street/Porter
Street Neighborhood Street Rehabilitation Project